MANUAL OF OPERATIONS REGIONAL HUMAN … MANUAL OF...REGIONAL HUMAN RIGHTS COMMISSION Manual of...

REGIONAL HUMAN RIGHTS COMMISSION Manual of Operations Intro – Chapter I and 2

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MANUAL OF OPERATIONS REGIONAL HUMAN RIGHTS COMMISSION

AUTONOMOUS REGION IN MUSLIM MINDANAO

ABBREVIATIONS ARMM Autonomous Region in Muslim Mindanao APP Annual Procurement Plan BAC Bids and Awards Committee

BASULTA SRO Basilan, Sulu, Tawi-Tawi Sub-Regional Office CEB Commission En Banc CHED Commission on Higher Education CHR Commission on Human Rights

COA Commission on Audit CSC Civil Service Commission DBM Department of Budget and Management ED Executive Director

LDSPO Lanao del Sur Provincial Office MANCOM Management Committee MPO Maguindanao Provincial Office MMA 288 Muslim Mindanao Autonomy Act 288

OFW Overseas Filipino Workers RHRC Regional Human Rights Commission SPMS Strategic Performance Management System TWG Technical Working Group

VISION A peaceful, just and empowered Bangsamoro society that is free from fear and want, where human rights are promoted, protected, upheld and fulfilled for the achievement of sustainable development.

MISSION The Regional Commission on Human Rights is an independent institution imbued with probity and competence to promote, protect, uphold, and fulfill human rights in the Bangsamoro by empowering communities for the progressive realization of their rights, and ensure that those responsible comply with human rights standards towards transformative justice, peace and development.

STRATEGIC GOALS The strategic goals of the Regional Human Rights Commission are:

I. To institutionalize human rights in the Bangsamoro and other government bodies operating in the region;

II. To incorporate human rights in governance and development in local government units;

III. To protect persons in vulnerable groups;1 and IV. To incorporate human rights in the peace process.

1 RHRC Resolution 2015-011 consolidating Key Result Area 4 (To protect women, children, indigenous peoples, and persons of special concern) and 3 (To protect internally displaced persons, migrants and stateless persons in the Bangsamoro) into one. Dated 16 January 2015.


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MANDATE RELEVANT LAWS. The RHRC is created by virtue of a national law, Republic Act. No. 90542, otherwise known as “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao,” and operationalized through its enabling law, MMA No. 288, otherwise known as the “ARMM Human Rights Commission Charter of 2012.”

ROLE OF THE REGIONAL COMMISSION AS THE SOLE REGIONAL HUMAN RIGHTS AGENCY IN ARMM. The RHRC is the regional human rights institution within the ARMM in accordance with the Principles Relating to the Status of National Institutions (“The Paris Principles”) and other United Nations' Resolutions pertaining to the effective functioning of national human rights institutions.

THE PARIS PRINCIPLES. The Principles relating to the Status of National Institutions, also known as the Paris Principles, represent the international consensus on the framework, mandate, composition, operations and powers of the national human rights institutions. They represent the yardstick by which to assess the structure and operations of the institutions. They are divided into four main sections, dealing with competence and responsibilities, composition and guarantees of independence and pluralism, methods of operation, and additional principles concerning the status of commissions with quasi-jurisdictional competence.

WHAT RIGHTS ARE COVERED BY THE REGIONAL COMMISSION. The RHRC shall cover civil and

political rights, as well as social, economic and cultural rights. TERRITORIAL JURISDICTION. The RHRC shall have jurisdiction and authority to act in the entire Autonomous Region in Muslim Mindanao.

POWERS AND FUNCTIONS. The RHRC’s mandate is to perform within ARMM the functions of the CHR of the Philippines. Such functions include the protection and promotion of human rights – civil, political, economic, cultural, and social rights as embodied in several United Nations conventions and treaties. Central to this is the power to investigate alleged human rights violations and threats thereto.

THE POWERS AND FUNCTIONS OF THE RHRC UNDER THE 1987 CONSTITUTION. It is declared as a State policy that the State values the dignity of every human person and guarantees full

respect for human rights3. Corollary to this, the Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic and political inequities, and remove cultural inequalities by equitably

diffusing wealth and political power for the common good4. The Constitution does not explicitly provide for the functions of RHRC, as it only

pertains to the CHR. However, general principles that apply to CHR also are made applicable to RHRC following its mandate to function as the CHR in ARMM.

THE POWERS AND FUNCTIONS OF THE RHRC UNDER THE RA 9054. To actualize the mandate of the Constitution, and to ensure the promotion and protection of human rights in the autonomous region, the national government prescribed a provision for the creation of a human rights commission in the ARMM. In particular, Section 16 Article III of RA No. 9054, the law amending the organic law that created the ARMM, orders the establishment of a Regional Human Rights Commission. This Regional Commission shall perform within ARMM the functions of the CHR of the national government.

2 Section 16, Article III, R.A. No. 9054. 3 Sec. 11, Art. II, 1987 Philippine Constitution. 4 Sec. 1, Art. XIII, 1987 Philippine Constitution


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THE POWERS AND FUNCTIONS OF THE RHRC UNDER MMA 288. MMA 288 is the enabling law that RHRC derives substantially its powers and functions and mandate. Also called the “ARMM Human Rights Commission Charter of 2012, MMA 288 is the act that operationalizes Section 16 Article III of RA 9054. Section 11 enumerates the following general powers and functions of the RHRC:

1. Investigate, on its own or on complaint by any party, all forms of human rights violations committed within the Autonomous Region;

2. Adopt its operational guidelines and rules of procedure and cite for direct and indirect contempt those in violation thereof or of its lawful orders in accordance with the Rules of Court;

3. Provide appropriate legal and preventive measures for the protection of human rights of all persons within the Autonomous Region, as well as Autonomous Region constituents residing abroad;

4. Provide legal aid services to the underprivileged residents of the Autonomous Region whose human rights have been violated or need protection;

5. Exercise unhampered and unrestrained visitorial powers at any time over jails, prisons, detention facilities, located within the Autonomous Region, and it shall have unrestricted access to any detention facility inside military camps, police lock- up cells, jails, prisons, youth homes, and any detention, rehabilitation, confinement and other similar facilities pursuant to R.A. No. 9745, otherwise known as the “Anti- Torture Act of 2009”;

6. Establish a continuing program of research, education and information to enhance respect for the primacy of human rights;

7. Recommend to the Regional Assembly and to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

8. Monitor the Philippine and ARMM Regional Governments’ compliance with international treaty obligations on human rights;

9. Grant immunity from prosecution to any person whose testimony or possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

10. Request the assistance of any department, bureau, office or agency within the Autonomous Region in the performance of its functions;

11. Deputize government prosecutors or private lawyers within the Autonomous Region, who shall be under the direct control and supervision of the Regional Commission, for the prosecution of human rights cases, including cases of torture and other cruel, inhuman and degrading treatment or punishment under R.A. 9745;

12. Accredit national non-government and peoples' organizations involved in human rights promotion, protection and advocacy, including for purposes of visiting persons arrested, detained or under custodial investigation;

13. Ensure that the status, rights and interests of women and children are upheld in accordance with the Constitution, laws and international instruments on human rights;

14. Create, establish, organize, restructure, compress and otherwise manage, such offices and centers the Regional Commission deems necessary, fit and appropriate for the effective fulfillment of its mandate, including a sub-regional office, provincial offices and centers for specific thematic matters;

15. Empowered to file Writ of Amparo and Mandamus; 16. Appoint its officers and employees in accordance with law; and 17. Perform such other powers, duties and functions as may be provided by law.


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CORE VALUES The RHRC agreed on a set of core vales that will enable all personnel to be promoters and protectors of human rights. The Core Values of RHRC are:

Partnership and Synergies Transparent

Accountable and

Community-oriented and Rights-based

Apolitical, Impartial, Evidence-based.

and

PERFORMANCE PLEDGE5

Furthermore, RHRC crystallizes its commitment to live by the following pledge as they perform their responsibilities with the end goal of promoting and protecting human rights in the ARMM:

to: “We, the officials and employees of the Regional Human Rights Commission, commit

Render effective, efficient, and quality service with utmost courtesy from Mondays to Fridays, without noon break, from 8:00 a.m. to 5:00p.m. or beyond, when necessary.

Immediately act and take corrective measures on your complaints upon receipt

thereof, through our public assistance and complaint desks.

Give utmost value to every citizen’s comments, suggestions, and needs, including those with persons with special concern such as differently-abled, pregnant women, senior citizens.

Help empower the public through 24/7 access to information on our policies,

programs, activities and services through our website, www.rhrc.armm.gov.ph.

Thoroughly comply with service standards, and provide with written explanations or personal visitation (if necessary) for any delay or impediment in the delivery of frontline services.

Serve with aggressiveness and enthusiasm, and offer public-friendly service.”

“Upholding Human Rights, Sustaining Peace.”

5 Taken from the RHRC Citizen’s Charter, approved via RHRC Resolution No. 2015-028 dated 28 April 2015.

http://www.rhrc.armm.gov.ph/

10 See Sec. 38, MMA No. 288.

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CHAPTER 1 THE REGIONAL HUMAN RIGHTS COMMISSION

THE REGIONAL HUMAN RIGHTS COMMISSION. The Regional Human Rights Commission is an independent regional office within the ARMM that shall have the same powers and mandates as the national CHR. It shall not be subject to instructions or orders from the President, Congress, Judiciary, ARMM Regional Governor or Regional Legislative Assembly, except in cases provided in the Constitution and Republic Act No. 9054 with regard to the appointment of its Chairperson and Members, national and autonomous region legislation affecting the exercise of its powers and functions, and judicial review of the legality of its acts, orders, resolutions or decisions.

RELATIONSHIP WITH THE NATIONAL COMMISSION ON HUMAN RIGHTS (CHR). The RHRC shall have a mutual, coordinative, and complementary relationship with the national CHR in the performance of its mandates and obligations. It shall coordinate its programs and policies with the national CHR.6

RELATIONSHIP WITH THE ARMM GOVERNMENT. The RHRC shall not be subject to instructions or orders from the ARMM Regional Governor or Regional Legislative Assembly, except in cases provided in the Constitution and Republic Act No. 9054 with regard to the appointment of its Chairperson and Members, national and autonomous region legislation affecting the exercise of its powers and functions, and judicial review of the legality of its acts, orders, resolutions or decisions. The RHRC shall coordinate its programs and policies with the national CHR and the Office of the Regional Governor of the Autonomous Region.

IMMUNITY OF REGIONAL COMMISSION EMPLOYEES FROM HARASSMENT SUITS7. All RHRC

staff enjoy immunity from suit, whether administrative, civil or criminal, in the regular performance of their functions. Personal legal actions brought against them shall be dismissed where it appears that the same was filed for acts committed in the regular performance of their assigned functions.

PROHIBITION ON INJUNCTION AGAINST REGIONAL COMMISSION IN THE PERFORMANCE OF ITS FUNCTIONS8. No writ of injunction against the Regional Commission in the performance of its functions shall be issued other than those emanating from the Court of Appeals or the Supreme Court.

THE COMMISSION PROPER THE COMMISSION EN BANC (CEB). The RHRC is a collegial body and shall be composed of a Chairperson and two (2) Members. The CEB is responsible for the promulgation of policies, decisions, orders and resolutions necessary for the efficient administration of the RHRC and for

proper execution of its constitutional mandate.9 It shall have supervision and control of the

institution.10

POWERS AND FUNCTIONS OF THE COMMISSION EN BANC. The CEB is the highest policy making body in RHRC. It is composed a chair and two commissioners, who collectively is the manager and supervisor of RHRC. Appointed by the President upon recommendation of the Regional Governor, the composition of the CEB shall reflect the ethnic distribution of the

6 See Appendix A on Memorandum of Agreement entered into between CHR and RHRC on this associative relationship, dated 17 October 2013. 7 See Sec. 35, MMA No. 288. 8 See Sec. 34, MMA No. 288 9 See Sec. 36, MMA No. 288.

11 See Sec. 7, MMA No. 288.

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population of the autonomous region. The chair shall be a lawyer and shall be a resident of the autonomous region. The two commissioners shall, preferably, be lawyers or, at least, holders of bachelor degrees from colleges or universities recognized by the CHED of the national government.

POWERS AND FUNCTIONS OF THE CHAIRPERSON. As Presiding Officer, the powers and duties of the Chairperson when discharging his functions in actions or proceedings during the CEB shall include the following:

1. To issue calls for the special sessions of the CEB; 2. To approve the agenda for the sessions of the CEB; 3. To preside over the sessions of the CEB;

4. To participate in the deliberations of and vote during all regular and special sessions of the CEB where any case issue or matter within its jurisdiction is under consideration;

5. To preserve order and decorum during the session;

6. To decide all questions of order by any Member; 7. To administer oaths and otherwise take testimony in any investigation or inquiry

on any matter within the jurisdiction of the Commission; 8. To sign interlocutory orders, resolutions or ruling in cases not yet assigned to a

Member; 9. To exercise such other powers and duties as are vested upon him/her by law or by

the CEB.

POWERS AND FUNCTIONS OF THE COMMISSIONERS. As members of the CEB, the powers and duties of the two Commissioners shall include the following:

1. To attend, participate in the deliberations of, and vote during all regular and special sessions of the CEB where any case, issue, or matter within its jurisdiction is under consideration;

2. To recommend to the Chairperson the inclusion in the agenda of any case or matter deemed appropriate in the performance of his function;

3. To sign interlocutory orders, resolutions or ruling in cases and matters assigned to them for study and reporting;

4. To require the appearance of any official or employee of the Commission in order to obtain information pertinent to a case assigned to him, the formulation of policy and program implementation, or to direct the submission of any document, report, or record in the possession of such official or employee; and

5. To exercise such other powers as are vested upon him/her by law, by CEB, or by specific provisions found in this Manual of Operations.

APPOINTMENT AND TERM OF OFFICE. The Chairperson and Members of the RHRC shall be appointed by the President upon recommendation of the Regional Governor. Of those first appointed under this Act, the Chairperson shall hold office for seven years, one Member for five years and one Member for three years, all without reappointment. In no case shall any member be appointed, re-appointed or designated in a temporary or acting capacity.

The term of the Chairperson and Members of the Regional Commission shall start on the day immediately after the end of the previous term, regardless of the date of appointment. Appointment to any vacancy occurring during the term shall be only for the remaining portion of said term. The successor for the unexpired term shall, likewise, be ineligible for reappointment.11

COMMISSION MEETING; FREQUENCY; PROCEDURE. The Commission proper shall meet on a weekly basis, every Tuesday of the week. The Chairperson shall preside over Commission

Meetings, unless, for valid reasons, the duty is turned over to another Commissioner for a particular meeting. The meeting shall start promptly at 9:00 A.M. and shall end once all matters in the agenda have been discussed.

FOCAL COMMISSIONERS FOR THE REGIONAL COMMISSION OFFICES. The Members of the Commission shall designate among themselves one Focal Commissioner for each of the three offices of the RHRC, with the Chairperson always serving as the Focal Commissioner for the Regional Office located in Cotabato City in addition to his/her chosen office as focal point.

COMMISSION SECRETARY POWERS AND FUNCTIONS OF THE COMMISSION SECRETARY. The powers and functions of the Commission Secretary shall include the following:

1. To prepare the agenda for the sessions of the CEB based on the priority set by it; 2. To prepare and keep the minutes of all sessions, hearings and conferences of the

Commission En Banc;

3. To receive all communications for action of the CEB; 4. To keep a Docket wherein he shall enter in chronological order the cases and the

proceedings thereon and a Book of Decisions which shall contain the original copy of the decisions or resolutions rendered by the Commission Proper in the order of their dates;

5. To maintain for the CEB a file of all Supreme Court Decisions involving the RHRC or CHR; and

6. To perform such related functions as may be authorized by law or regulations or upon instruction of the CEB.

ORGANIZATIONAL STRUCTURE OF RHRC Beyond the CEB and Commission Secretary, the RHRC is further composed of various offices and divisions that will help carry out the mandate of the institution. Beginning 2014, RHRC pursued an organizational structure that addresses the institution’s changing needs, as well as its dynamic environment, supported by the sub-regional and provincial offices.

Following its mandate to provide support to the CEB in the implementation of the functions of RHRC, the office is organized as follows:

COMMISSION EN BANC

Office of the Commission Secretariat

OPERATION GROUP OFFICE OF THE

EXECUTIVE DIRECTOR ADMINISTRATION GROUP

Information and Communication

Technology Division

Investigation and Legal Division

Education, Communication and

Linkages Division

Planning Division Accounting Division General Administrative Management Division

Budget Division

Legal Unit Investigation Unit Knowledge Management Unit

Cash Section

Supply Section General Service

Section

Records Section Human Resource

Mgmt. Section

Basulta Sub-Regional Office

Lanao Del Sur Provincial Office

Maguindanao Provincial Office

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Investigation

Division

Legal Division Admin and Finance

Unit

Investigation Division

Admin and Finance

Unit Investigation

Division

Admin and Finance

Unit

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THE MANAGEMENT COMMITTEE The Management Committee (ManCom) is the core advisory body in RHRC who assists the CEB in the formulation of policies and implementation mechanisms of human rights protection and promotion programs of the institution. The ManCom serves as the oversight of operations and programs being implemented within and outside of RHRC, and provides strategic updates and recommendations on matters related to the human rights situation that will enable the committee to make collective decisions. Moreover, the Executive Body can elevate policy and organizational concerns in the ManCom level that require further guidance from the CEB, and is therefore entrusted to communicate the CEB’s instructions to respective offices and divisions, and ensure that these are translate to appropriate actions.

The ManCom is composed of the following: 1. Chairperson 2. Commissioners 3. Commission Secretary

4. Executive Director 5. Deputy Executive Director 6. Head of BaSulTa Sub-Regional Office 7. Head of Lanao del Sur Provincial Office

8. Head of Maguindanao Provincial Office 9. Head, Legal and Investigation Division 10. Head, Information and Communications Technology Division 11. Head, Education, Communication and Linkages Division

12. Head, General Administrative Management Division 13. Head, Accounting Division 14. Head, Budget Division 15. Head, Planning Division

16. Head, Human Resource Management Division

The ManCom convenes every month, or as necessary, with a Technical Staff from the various divisions or the Commission Secretary that acts as secretariat.

THE EXECUTIVE BODY POWERS AND FUNCTIONS OF THE EXECUTIVE DIRECTOR. The Executive Director (ED) is responsible for managing and overseeing the institution’s operations. He/she works closely and reports directly to the CEB, and cascades the directive and instructions of the CEB to all RHRC offices and divisions and ensures compliance therewith. In making sure that the RHRC is on track in achieving its mandate, he/she is also in-charge of the integration of administrative policies as set by the CSC and other government rules and regulations. The ED serves as the representative of the CEB in some functions and acts as the officer-in-charge in the absence of the CEB.

The ED convenes the ManCom of RHRC, composed of all heads of offices and divisions, to discuss office and division updates and the progress of the programs and projects led by the institution, and reports to the CEB for information and/or appropriate actions.

POWERS AND FUNCTIONS OF THE DEPUTY EXECUTIVE DIRECTOR. The Deputy Executive Director’s role is to support the ED in the management and overseeing RHRC’s operations, and to provide leadership and direction to the CTO and other technical staff.

The Deputy ED has full-delegated authority to act on behalf of the ED in his/her absence. He/she is also responsible for the development and execution of RHRC’s strategic goals.

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FIELD OFFICES CREATION OF THE BASILAN, SULU AND TAWI-TAWI (BASULTA) SUB-REGIONAL OFFICE AND LANAO DEL SUR PROVINCIAL OFFICE AND MAGUINDANAO PROVINCIAL OFFICE. Section 11 (14) of MMA No. 288 authorizes the RHRC to create and establish offices which are necessary, fit and appropriate for the effective fulfilment of its mandate, including a sub-regional office and provincial offices. Considering that the ARMM is composed of non-contiguous provinces, it is necessary to create a sub-regional office for the provinces of Basilan, Sulu and Tawi-Tawi (BaSulTa), a provincial office each for the provinces of Lanao del Sur and Maguindanao.

BASULTA SUB-REGIONAL OFFICE REGIONAL COMMISSION BASILAN, SULU AND TAWI-TAWI (BASULTA) SUB-REGIONAL OFFICE OFFICE AND JURISDICTION. The office shall be located in Zamboanga City and its area of responsibility shall include the island provinces of Basilan, Sulu and Tawi-Tawi, except for the City of Isabela, Basilan, which belongs to the administrative jurisdiction of CHR Regional Office IX.

HEAD OF OFFICE. The head of office of the BaSulTa Sub-Regional Office shall be an organic member of the RHRC’s staff and shall be, as far as practicable, a member of the Philippine Bar. He/She shall be selected and installed as head of office through a Resolution signed by all members of the Commission Proper and attested by the Commission Secretary. He/She may be removed as Head of Office for valid cause/s and after being accorded due process.

POWERS AND FUNCTIONS OF THE HEAD OF OFFICE. Aside from exercising general supervision over the Sub-regional Office and being primarily accountable therefor, the Head of Office shall:

I. Have general control and administrative supervision over all lawyer(s), special investigators, administrative staff and other personnel in the Sub-Regional Office.

II. Submit a comprehensive accomplishment and assessment report to the Commission Proper on a monthly basis.12

III. Ensure that all accounting and auditing rules are being strictly observed by the administrative staff of the Sub-Regional Office.

IV. Have the authority to place witnesses under oath or affirmation, issue subpoenas, take testimony in any investigation or inquiry, and subscribe sworn statements or other documents pertinent to matters under investigation.13

V. Be the approving authority for the final investigation reports/recommendations which the special investigators will submit arising from investigations on human rights violations being conducted by the office, subject to the appeal process laid down in the RHRC’s Rules of Procedure; and

VI. Be the responsible and accountable officer for all activities performed and undertaken by the lawyer/s, special investigators, administrative staff and other personnel in the office, pursuant to the following powers and mandates of the RHRC: i. Monitoring compliance of national government offices and agencies and

ARMM regional government offices and agencies with international human rights treaty obligations and local statues on human rights;

ii. Provision of witness protection program; iii. Enhancement of financial assistance program;

iv. Implementation of legal assistance program; v. Protection of ARMM OFWs and Migrants;

vi. Creation of ad hoc truth commissions; and vii. Issuance of certifications, for purposes of appointment or promotion, to

12 RHRC CEB Resolution No. 2015-035, dated 29 May 2015. 13 RHRC CEB Resolution No. 2014-26, dated 16 April 2014 as reiterated in RHRC CEB Resolution No. 2015-022, dated 16 January 2015.

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members of military,police and other law enforcement agencies that there is no pending case against them before the RHRC.

DIVISIONS. The Office shall have counterpart divisions as those of the Regional Office. In the event of lack of personnel, office staff shall be appointed as focal personnel for the existing divisions in the Regional Office, for operations purposes.

BASULTA SUB-

REGIONAL OFFICE

ATTY. EDYLYNN SANTIAGO

INVESTIGATION DIVISION

LEGAL DIVISION

ADMIN AND FINANCE UNIT

NIXON ALONZO Special

ATTY. ABDELAZIZ ALIH

NASSERHA LAPTO Admin Aide VI

HERMIE OMAR Admin Aide III

BORHANASAKIL Admin Aide III

Basilan HMRC Sulu HMRC Tawi-Tawi HRMC

UMMAOMAREDDI NG

YOUSEFF KAMILIAN

AL-GHOSAIBIJUPLI Special Investigator

GERARDO

CONCEPTION III Special Investigator I

Special Investigator I (new)

LANAO DEL SUR PROVINCIAL OFFICE REGIONAL COMMISSION LANAO DEL SUR PROVINCIAL OFFICE OFFICE. The office shall be located in Marawi City and the province of Lanao del Sur including Marawi City shall be its area of responsibility.

HEAD OF OFFICE. The head of office of the LDSPO shall be an organic member of the RHRC’s staff and shall be, as far as practicable, a member of the Philippine Bar. He/She shall be selected and installed as head of office through a Resolution signed by all members of the Commission Proper and attested by the Commission Secretary. He/She may be removed as Head of Office for valid cause/s and after being accorded due process.

POWERS AND FUNCTIONS OF THE HEAD OF OFFICE. Aside from exercising general supervision over LDSPO and being primarily accountable therefor, the Head of Office shall:

I. Have general control and administrative supervision over all lawyer(s), special investigators, administrative staff and other personnel in LDSPO.


III. Ensure that all accounting and auditing rules are being strictly observed by the

14 RHRC CEB Resolution No. 2015-035, dated 29 May 2015.

15 RHRC CEB Resolution No. 2014-26, dated 16 April 2014 as reiterated in RHRC CEB Resolution No. 2015-022, dated 16 January 2015.

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administrative staff of the LDSPO. IV. Have the authority to place witnesses under oath or affirmation, issue subpoenas,

take testimony in any investigation or inquiry, and subscribe sworn statements or

other documents pertinent to matters under investigation.15


VI. Be the responsible and accountable officer for all activities performed and undertaken by the lawyer/s, special investigators, administrative staff and other personnel in the office, pursuant to the following powers and mandates of the RHRC: 1. Monitoring compliance of national government offices and agencies and ARMM

regional government offices and agencies with international human rights treaty obligations and local statues on human rights;

2. Provision of witness protection program; 3. Enhancement of financial assistance program; 4. Implementation of legal assistance program; 5. Protection of ARMM OFWs and Migrants;

6. Creation of ad hoc truth commissions; and 7. Issuance of certifications, for purposes of appointment or promotion, to

members of military, police and other law enforcement agencies that there is no pending case against them before the RHRC.

DIVISIONS. The LPDSPO shall have counterpart divisions as those of the Regional Office. In the event of lack of personnel, office staff shall be appointed as focal personnel for the existing divisions in the Regional Office, for operations purposes. `

LANAO DEL SUR PROVINCIAL OFFICE

ATTY. RAIFAH PAMALOY- HASSAN Atty IV



AMINODEN MACARADI Special Investigator III

ALIAL RASIDUMPA Special Investigator I

AZRAFIA MAMUTUK Special Investigator I

BABAI-OLAN DIDA- AGUN

Admin Assist. II

RASMIA ABATON Admin Assist. I

MAGUINDANAO PROVINCIAL OFFICE REGIONAL COMMISSION MAGUINDANAO PROVINCIAL OFFICE OFFICE. The office shall be located in Cotabato City and the province of Maguindanao shall be its area of responsibility. The office, as far as practicable, be separate from the Regional Office based in Cotabato City.

17 RHRC CEB Resolution No. 2014-26, dated 16 April 2014 as reiterated in RHRC CEB Resolution No. 2015-022, dated 16 January 2015.

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HEAD OF OFFICE. The head of office of the MAGPRO shall be an organic member of the RHRC’s staff and shall be, as far as practicable, a member of the Philippine Bar. He/She shall be selected and installed as head of office through a Resolution signed by all members of the Commission Proper and attested by the Commission Secretary. He/She may be removed as Head of Office for valid cause/s and after being accorded due process.

POWERS AND FUNCTIONS OF THE HEAD OF OFFICE. Aside from exercising general supervision over MAGPRO and being primarily accountable therefor, the Head of Office shall:

I. Have general control and administrative supervision over all lawyer(s), special investigators, administrative staff and other personnel in the MAGPRO.


III. Ensure that all accounting and auditing rules are being strictly observed by the administrative staff of the MAGPRO.

IV. Have the authority to place witnesses under oath or affirmation, issue subpoenas, take testimony in any investigation or inquiry, and subscribe sworn statements or other documents pertinent to matters under investigation.17


VI. Be the responsible and accountable officer for all activities performed and undertaken by the lawyer/s, special investigators, administrative staff and other personnel in the office, pursuant to the following powers and mandates of the RHRC: 1. Monitoring compliance of national government offices and agencies and ARMM

regional government offices and agencies with international human rights treaty obligations and local statues on human rights;

2. Provision of witness protection program; 3. Enhancement of financial assistance program;

4. Implementation of legal assistance program; 5. Protection of ARMM OFWs and Migrants; 6. Creation of ad hoc truth commissions; 7. Issuance of certifications, for purposes of appointment or promotion, to

members of military,police and other law enforcement agencies that there is no pending case against them before the RHRC.

DIVISIONS. The MAGPRO shall have counterpart divisions as those of the Regional Office. In the event of lack of personnel, office staff shall be appointed as focal personnel for the existing divisions in the Regional Office, for operations purposes.

16 RHRC CEB Resolution No. 2015-035, dated 29 May 2015.


As of October 7, 2015 (version 2)

MAGUINDANAO PROVINCIAL OFFICE

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MAKIMMUJALA Admin Aide VI

ATTY. BAISITTIESAIDA BAILAN Atty. III



ABDILLAHA LIK

Special Investigator III

ARCHADAYAO Special Investigator I

REGIONAL OFFICE REGIONAL OFFICE

RAIZA ABAS Special Investigator II

OFFICE. The Regional Commission Regional Office is located at the 1st Floor of the Japan- ARMM Friendship Hall and Training Center, ARMM Government Complex, Cotabato City.

JURISDICTION. The Regional Office shall have general supervision over all the provinces and cities of the ARMM.

POWERS AND FUNCTIONS OF DIVISIONS. The Regional Commission has eight (8) divisions, namely: the Legal and Investigation Division; the Information and Communications Technology Division; the Education, Communication, and Linkages Division; the General Administrative Management Division; Accounting Division; Budget Division; Planning Division; and Human Resource Management Division. The first three Divisions compose the Operations group while the last five Divisions compose the Administration Group.

OPERATION GROUP

Information and Communication

Technology Division

Investigation and Legal Division

Education, Communication and

Linkages Division

Planning Division

JANE ABDUL

Info. Technology Officer I

SHALABI KALI

ATTY. ABDULNASSER BADRUDIN Attorney V

ZUHAIRAH ABAS Info. Officer III

KNOWLEDGE

JEHAN NAGA Planning Officer II

(AO IV)

Admin Officer I LEGAL UNIT INVESTIGATION UNIT MANAGEMENT UNIT HARON YAHYA Admin Assistant I

(vacant) Atty. III

ABUALI ABBAS Atty, III (New)

AMERMAONGA Process Serves

(vacant)

Special Investigator

NURWAHIDLAKIM

Special Investigator I

AIZA SALAKADANG- CASIMRA

Info Officer II

LEGAL AND INVESTIGATION DIVISION

1. The Legal and Investigation Division is the legal adviser of the Commission and shall assist the CEB in drafting resolutions.

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2. The Division shall provide appropriate legal and preventive measures for the protection of human rights of all persons within ARMM, as well as ARMM constituents residing abroad.

3. The Division shall conduct rights based public inquiry on issues and concerns of marginalized and disadvantage sectors.

4. The Division shall provide appropriate human rights investigative interventions; medico-legal services; conduct alternative dispute resolution of cases thru mediation and conciliation proceedings, when necessary; fact finding missions; rights-based situation tracking and rights-based investigative monitoring.

5. The Division shall be responsible for the implementation of RHRC’s legal assistance program for victims of human rights violations.

6. The Division shall assist the ED in administrative matters. 7. As a rule, no clearance shall be issued by the RHRC without the recommendation by the

Legal and Investigation Division. Investigation Unit 1. The Investigation Unit shall conduct monitoring of cases and complaints with

concerned agencies. 2. The Unit shall maintain a database of cases and complaints.

Legal Unit 1. The Legal Unit is responsible for the evaluation and review of cases investigated by the

Investigation Unit.

2. The Legal Unit shall assist the Investigation Unit and shall take part in the investigation of motu proprio cases.

3. The Legal Unit shall conduct studies to establish certain human rights conditions/situations affecting human development for the adoption of policies, programs and measures for the promotion of human rights.

(an image of the Legal and Investigation Division structure shall be inserted here)

INFORMATION AND COMMUNICATIONS TECHNOLOGY DIVISION

(a new division was created replacing the Knowledge Management division with Information and Communications Technology division; and the former Knowledge Management Division is now a section under the Education, Communication and Linkages Division.)

1. The Information and Communications Technology Division provides the leadership in the development and implementation of reliable and cost effective information and communication technology systems of the RHRC at all levels of implementation. It undertakes measures to ensure the system’s security, integrity and reliability. The ICTD provides over-all orchestration and guidance on ICT of all offices and divisions in making the most of knowledge managed, stored or shared within the Regional Commission.

2. The Division shall formulate policies and guidelines in the design, acquisition, maintenance, use and disposal of IT to guide all offices and divisions in their related activities;

3. The Division shall develop and manage the RHRC’s, as well as the RHRC Information Network’s basic information infrastructure, resources and processes, which include among others, the overall communications backbone, the hardware, software and databases that utilizes the backbone;

4. The Division shall provide technical assistance in the design, development and maintenance of RHRC ICT solutions which will enhance the RHRC’s offices and divisions, as well as improve its data collection, processing, analysis and dissemination

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capabilities; 5. The Division shall coordinate and spearhead the identification of the data needs of the

RHRC as a whole and its offices and divisions;

6. The Division shall oversee the organization and security of the RHRC’s data holdings in a manner that will facilitate the transformation of data to information and information to knowledge;

7. The Division shall ensure the availability of all relevant data from the RHRC’s data holdings to each office and divisions;

8. The Division shall formulate plans and strategies to keep RHRC’s ICT resources current and up-to-date;

9. The Division shall develop and maintain the RHRC’s Library (both physical and electronic), in coordination with the Education, Communication and Linkages Division, to provide service that makes available the knowledge and experience on the field of human rights, and information technology;

10. The Division shall develop, formulate and implement ICT Training Programs in collaboration with the appropriate national and private training institutions to enhance the IT skills of RHRC personnel as well as key operators and users of the RHRC Information Network; and

11. The Division shall institutionalize linkages and partnership of the RHRC ICT sector with other government and non-government users of human rights information in order to enhance the long-term sustainability of the RHRC Information Network and ensure its accessibility to end-users.

(an image of the Information and Communications Technology Division structure shall be inserted here)

EDUCATION, COMMUNICATION AND LINKAGES DIVISION 1. This Division is responsible for developing and implementing the human rights

advocacy programs of the RHRC. These programs should be evidenced-based and should be designed according to the needs of the ARMM constituents.

2. It shall be primarily responsible for the planning and development programs of the RHRC. For this purpose, this Division shall draft and submit the necessary planning and accomplishment reports required by other government agencies.

3. This Division shall be responsible for monitoring the submission of accomplishment reports from the Office of the ED, the Office of the Deputy ED, the BaSulTa SRO office, LDSPO, and MAGPRO.

4. This Division shall promote continuous research in the RHRC and shall come out regularly with reports and information necessary for critical planning and decision- making.

5. It shall develop, implement and maintain systems which will assess the advocacy programs of the Regional Commission.

6. This Division shall provide library and information services necessary for carrying out the mandates of the RHRC.

7. It shall facilitate the collaboration of the RHRC with other local, regional and international institutions and agencies engaged in human rights protection and promotions. In particular, it shall be responsible for monitoring the RHRC’s mutual, coordinative and complementary relationship with the CHR.

8. This Division shall be responsible for making sure that the RHRC complies with all its commitments under the various Memoranda of Agreement and Letters of Agreement with other institutions. It shall also monitor the compliance of the strategic partners of the RHRC to the provisions of these documents.

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Knowledge Management Unit 1. The Knowledge Management Unit is responsible for the systematic organization and

management of a large collection of interrelated human rights databases emanating from various RHRC programs, projects, activities and other data holdings.

2. The Unit is responsible for the uploading and extraction of data and information from the database for researchers, clients and other users;

3. The Unit is responsible for the installation, updating of the RHRC Information Network websites;

4. The Unit shall provide service that makes available the knowledge and experience on the fields of human rights and information and communication technology;

5. The Unit shall select and acquire information on the various fields and activities of the RHRC; and

6. The Unit shall maintain a well-selected collection of books, periodicals, serials and government documents as well as an electronic based Library Information System.

ADMINISTRATION GROUP

Accounting Division

General Administrative Management Division

Budget Division

BAEMALIEHA RASUMAN Accountant II

ZORAYA MASAKAL Admin Officer IV

BAIAZ-MAIDA LIDASAN Budget Officer II (AO IV)

HASMNDRUS Admin Assistant III

Cash Section Supply Section General Service Section

Records Section Human Resource Management Section

SAADAH PADILLA-KALI

Cashier II (AO III)

EUGENE ELLIOTT QUESADA, JR.

Supply Officer I (AO I)

GLAIZA ORDEN Admin Assist. II

ALEX BAKAR

Admin Aide III/Driver

NURSIMA ANDANI

Admin Aide I (Utility)

RAHAJITA PADILLA

Admin Assist. III

RODHEMIL

BELONGHILOT Admin Assist. V

GENERAL ADMINISTRATIVE MANAGEMENT DIVISION The General Administrative Management Division is responsible for providing efficient and effective service relative to general support services to ensure the smooth operation of the RHRC. The Division is further subdivided into the following sections: General Services Section, Cash Section, Supply Section and Records Section.

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General Service Section 1. The General Service Section is responsible in providing support services in the RHRC

relating to disbursement and collection, property and supply, janitorial and security services and other related services.

2. It is the primary concern of the section to provide assistance and support in carrying out measures to ensure the delivery of basic services, protection, security and maintenance of the RHRC.

3. The Section shall provide services relative to procurement, storage and distribution of supplies, materials, equipment and services;

4. The Section shall provide printing, transportation, custodial and general utility services; 5. The Section shall conduct periodic inventories of supplies and equipment of the

agency; 6. The Section shall be in the frontline of general services activities such as possible

imminent destruction or damage to supplies, properties and structures, threat of security; and

7. The Section shall perform such other functions as may be assigned by the Commission Proper.

Supply Section 1. The Supply Section undertakes the RHRC-wide procurement process. 2. The Section shall oversee procurement activities of the RHRC offices and divisions. 3. The Section shall act as the BAC Secretariat. 4. The Section shall review and update the submitted APP of the RHRC Proper, offices and

divisions. 5. The Section shall act as secretariat for the procurement of all requirements of the RHRC

CEB and for requirements of offices and divisions pursuant to existing general memorandum order.

6. The Section shall act as the Central Repository of all up to date procurement related information and BAC resolution issuances, circulars and events and disseminate the same to all parties requiring information.

7. The Section shall ensure that all procurement and bidding documents are properly documented, to provide an audit trail of the procurement process.

8. The Section shall provide administrative support to the BAC and the TWG if necessary; and

9. The Section shall manage and undertake procurement upon prior resolution of the BAC and the approval of the head of the agency or the duly designated officer.

Records Section 1. The Records Section is responsible in providing the RHRC with efficient, effective and

economical records management in the RHRC. 2. The Section shall study, formulate, recommend and implement policies and procedures

on records management for the agency;

3. The Section shall maintains and provide systematic controls of handling incoming and outgoing documents and financial claims;

4. The Section shall maintains a comprehensive list of records inventory and appraisal and records disposition

5. The Section shall maintain and implements a centralized filing and retrieval of circulars, memoranda, orders, contracts and similar documents;

6. The Section shall release mail and parcels; 7. The Section shall provide messengerial and liaison services for the RHRC; 8. The Section shall safeguard the seal and official records of the RHRC; 9. The Section shall represent the RHRC in the presentation of documents in Court and

other administrative bodies;

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10. The Section shall authenticate official records when necessary; and 11. The Section shall perform related functions as maybe assigned from time to time.

ACCOUNTING DIVISION 1. The Section shall advise the CEB and the ED on financial matters of the RHRC; 2. The Section shall prepare and submit adequate and timely financial reports to the CEB

and other government agencies authorized to receive such reports; 3. The Section shall maintain basic and subsidiary accounting records and books of

accounts of the RHRC to reflect accounts and current financial information required by existing auditing rules and regulations;

4. The Section shall certify to the availability of funds, obligate funds and issue treasury warrants to liquidate obligations;

5. The Section shall processes vouchers, payrolls, cash advances and other financial claims and reports of collections and disbursements;

6. The Section shall verify the correctness and accuracy of reports related to finance submitted by the various offices and divisions under the RHRC;

7. The Section shall do financial analysis and interpretations of financial position and results of operation;

8. The Section shall prepare and process remittances to GSIS, PAG-IBIG Fund, PhilHealth and other concerned government agencies; and

9. The Section shall perform such other functions as may be assigned by the Commission Proper and the ED.

BUDGET DIVISION 1. The Division shall provide technical assistance to the top management of the RHRC, in

coordination with the Planning Division, in the presentation of the RHRC's budgetary estimates before administrative and legislative bodies and oversight committee;

2. The Division shall prepare the annual financial work plans; 3. The Division shall control allocation of funds;

4. The Division shall design, develop, implement, and update budget monitoring tools and standards;

5. The Division shall conduct collection, analysis, docuemntation of budget data that enable users and top maangement to make sound decisions;

6. The Division shall coordinates with the different divisions, the sub-regional office, and the provincial offices on all matters relating to budget preparation;

7. The Division shall provide services as to payment of salaries and wages of all personnel; 8. The Division shall provide the preparation of checks for all mandatory and Maintenance

and Other Operating Expenses claims, and issue Advices of Checks Issued and Cancelled;

9. The Division shall prepare financial reports such as Cash Disbursement Report, Liquidations and Report of Checks Issued for financial obligations of the agency;

10. The Division shall coordinate with the different units of the Bureau and government servicing banks, Bureau of the Treasury and COA on some matters related to disbursement of funds and financial obligations; and

11. The Division shall perform such other functions as may be assigned by the Commission Proper and the ED.

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PLANNING DIVISION 1. The Division shall formulate medium- and long-term plans, and the corresponding

program in the promotion and protection of human rights in the ARMM;

2. The Division shall monitor and evaluate the implemented medium and annual plans and programs and other concerns of the RHRC;

3. The Division shall spearhead the annual plan and budget preparation and defense before the Congress and oversight agencies;

4. The Division shall lead the conduct of internal and external periodic evaluation of all RHRC programs and projects primarily to evaluate the effects, benefits, and impact of programs to all constituents in the ARMM;

5. The Division shall represent RHRC in various inter-agency committees and TWGs; and

6. The Division shall perform other functions as may be assigned from time to time.

HUMAN RESOURCE MANAGEMENT DIVISION18

1. The Human Resource Management Division is responsible for providing the RHRC with economical, efficient and effective service relating to human resource maangement and administration. It shall also provide opportunity for employees of the RHRC to develop technical enrichment, supervisory and managerial skills development, effective human communication, work attititude and behavior, job satisfaction and expertise.

2. The Division shall conduct studies and develops plans for recruitment, personnel utilization and effective use of position classification;

3. The Division shall design and administer continuing staff Development Plan including scholarships and other short-term training course, study grants and in-house training programs for all employees of the RHRC.

4. The Division shall act on matters concerning recruitment and selection, appointments and other personnel action such as promotion, transfer, detail, separation, secondment, replacement, reassignment, demotion and exit of employees;

5. The Division shall update records of personnel and prepare status report on current plantilla, statement of assets and liabilities (SALN), SPMS;

6. The Division shall liaise with other agencies such as DBM, PhilHealth, GSIS, PAG-IBIG, CSC, and other concerned agencies;

7. The Division shall develop programs for training and scholarships including nominations, screening and proper selection of both foreign and local training and scholarship grantees and re-entry of paid grantees;

8. The Division shall assist in elevating employee morale through guidance and counselling;

9. The Division shall assist in the promotion of employee health and safety, recreation and similar activities;

10. The Division shall manage the "on-the-job training (OJT)" service of the RHRC; 11. The Division shall advise the top management on the policies and programs regarding

employee welfare and development and conduct studies and periodic surveys to determine the training needs; and

12. The Division shall perform such other functions as may be assigned by the Commission Proper or the ED.

18 Pursuant to RHRC Resolution No. 2015-034, creating HRDD as a separate division under the Administration Group.

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CHAPTER 2 INVESTIGATION, MONITORING, AND CASE MANAGEMENT

INVESTIGATION AND MONITORING POWERS INVESTIGATIVE POWERS OF THE RHRC. As provided in MMA 288, RHRC shall exercise primary

and original jurisdiction to investigate, on complaint or motu proprio19, cases of human rights violations within ARMM to include civil, political, economic, social and cultural rights. In the exercise of its investigative function, the Regional Commission shall have the following powers:

1. Act promptly on complaints filed in any form or manner by any person, whether directly affected or not, and on a finding of human rights violation, recommend the filing of appropriate administrative, civil and/or criminal action. Any investigation being conducted by any other body shall not be a bar to the investigation of the Regional Commission;

2. Compel the attendance of witnesses and the production of evidence, to place the witnesses under oath or affirmation, issue subpoenas and take testimony in any investigation or inquiry;

3. Issue orders and directives constituting preventive and legal measures, provided for under Sections 14 and 15, respectively;

4. Provide protection and financial assistance to witnesses to ensure their attendance in investigations and production of evidence;

5. Delegate to its deputies, investigators or representatives, such authority or duty and shall ensure the effective exercise or performance of its investigative function;

6. Require the assistance of any officer or employee of any department, bureau or office, subdivision, agency or instrumentality of the Government, including government-owned or controlled corporations and local governments;

7. Deputize lawyers or legal aid groups, medical organizations, as well as government agencies and offices, to provide assistance in the exercise of its investigative functions;

8. Make the results and findings of its investigations available and accessible to the public; and

9. Cite and punish for direct or indirect contempt any person for violations of the Regional Commission's lawful orders. The Rules of Court shall apply suppletorily to the Rules of the Regional Commission. Such other acts as may be deemed

necessary by the Regional Commission in the course of the investigation.20

MONITORING POWERS OF THE RHRC. In the exercise of its mandate to monitor the Government’s compliance with its international human rights treaty obligations, the RHRC shall have the following powers and functions:

1. Request any department, bureau or office, subdivision, agency or instrumentality of the Regional Government to submit timely international human rights treaty compliance reports and to furnish the Regional Commission copies thereof within thirty (30) days from submission to the United Nations and other international bodies;

2. Conduct inquiries on the manner of implementation by the Philippine Government and the Regional Government of specific human rights treaty obligations;

3. Summon any public official within the Autonomous Region to explain on the measures undertaken by his or her agency in order to comply with the State’s International Treaty obligations on human rights;

19 Meaning “of his own motion” as per lawdictionary.org. 20 Sec. 12, MMA 288.

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1. Enter and inspect the premises of any government agency or office, specifically police and military stations, installations, camps, bases, and training schools within the Autonomous Region without need of prior permission;

2. Access any book, record, file, document or paper located in the above-mentioned offices and facilities;

3. Study and recommend to the national government international human rights treaties or instruments for its signature, ratification or accession;

4. Make timely and regular submission of independent reports to international human rights treaty bodies and other international human rights mechanisms in coordination with the National Commission on Human Rights;

5. Advise and assist the government on clearly-identified gaps in human rights treaty compliance;

6. Capacitate stakeholders within the Autonomous Region to enable participation in monitoring human rights treaty compliance by the government;

7. Delegate to its deputies, investigators or representatives, such authority or duty which shall ensure the effective exercise or performance of its monitoring functions;

8. Recommend and institutionalize best practices and incentives for human rights advocates and institutions; and

9. Such other acts as may be deemed necessary by the Regional Commission in the course of its monitoring.21

In addition, the RHRC shall likewise monitor observance by non-state actors within ARMM of human rights obligations arising from agreements entered into with the

government, as well as unilateral declarations and similar undertakings.22 Monitoring covers tracking the human rights situations of the marginalized, vulnerable and disadvantaged sectors of society, as well as HR situations in business related development and operations.

For purposes of the investigation and monitoring powers of RHRC, this Manual of Operations shall be read together with the Rules of Procedure.

INVESTIGATION AND MONITORING OF HUMAN RIGHTS VIOLATIONS. HUMAN RIGHTS INVESTIGATION. “Human rights investigation” refers to the process wherein one gathers, receives and analyzes evidence and makes findings of fact regarding HRVs. Gathering and analysis of evidence and drawing conclusions in human rights cases or situations shall consider the application of international human rights standards, norms and principles in relation to the Philippine obligations under the various international human rights treaties to which it is a Party, as well as domestic human rights framework and pertinent laws, rules and regulations. The objective is to ensure that the factual conclusions relating to the HRVs are determined authoritatively and definitely.

MAIN PURPOSE OF INVESTIGATION AND MONITORING. The identified purpose of RHRC investigation and monitoring is to determine whether or not the human rights of a particular person or group or community of persons were violated, or continue to be violated, or threatened, primarily by State authorities or agents of persons in authority, or by members of the private or civilian sector acting upon instruction of or with the acquiescence of government or State authorities, whether committed in relation to the performance of their duty or not, or by armed groups or members thereof, or any private person or entity, who have a clear design to disregard the dignity and human rights of any person or group or community of persons within the ARMM territory on grounds of religion, creed, ethnic origin, nationality, gender, sex, age, social status, or political beliefs or aspirations.

21 Sec. 21, MMA 288. 22 Sec. 22, MMA 288.

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In the process, analysis is also made on the human rights issues or situation in relation to the obligations of the Philippine Government under pertinent human rights treaties and domestic human rights framework. Moreover, priority is given on the investigation of human rights violations (HRVs) that may affect or hamper the peace talks between the Government of the Republic of the Philippines and Moro Islamic Liberation Front.

SECURITY PLAN FOR RHRC PERSONNEL.23 Protection and Safety of RHRC Personnel performing Investigation, Monitoring and other Field function shall be the paramount condition for every official mission formed by the RHRC. Thus, a comprehensive security plan shall be put in place solely for the purpose of ensuring steps. The following minimum requirements shall be observed in the security plan:

a. The Security Officer shall provide a validated and reliable evaluation of the identified area(s) for travel destination to the respective RHRC personnel set to compose the entourage for the trip;

b. The Security Officer to anticipate any worst-case scenario for all RHRC Personnel performing official monitoring, investigation or field functions shall also formulate a standard emergency security protocol.

c. A security and safety contact point person(s) from the Armed Forces of the Philippines, Philippine National Police (PNP), and Local Government Unit shall be identified for every scheduled or spot mission and that such information must be provided to the RHRC Personnel performing Investigation, Monitoring or other Field Monitoring Function and also the Security Officer stationed at the RHRC base in case of emergency.

d. RHRC Personnel identified for each field mission shall undergo an appropriate briefing of the mission at hand for a well-placed knowledge of the tasks ahead by either the Chair, or any of the Commissioners, or the Head of Office, or Investigator- on-Case or any authorized representative with ample information of the circumstances of the mission or case.

e. RHRC Personnel expected to perform monitoring, investigation or field functions shall be provided with personal security training by a security expert.

THE ROLE OF SPECIAL INVESTIGATORS. The principal role of the investigator is to investigate human rights violations; facilitate the protection of surviving victims, their family and witnesses; monitor human rights situations; and advocate human rights without discrimination. The RHRC Investigator has the authority to obtain and identify facts and information pertaining to cases of human rights violations involving civil, political, economic, social and cultural rights. The Investigator shall give priority in monitoring and inquiring into the human rights conditions of the vulnerable, disadvantaged and marginalized groups, i.e., children, women, indigenous people and internally displaced persons.

Specifically, for RHRC investigators to competently and effectively carry out his/her role, he/she must possess the following traits:

1. Sincere commitment to the cause of human rights; 2. Well versed on the aspect of investigation skills and techniques, as well as

interview or interrogation, whether the subject of investigation or interrogation or interview is a minor, woman or a man, or an elderly, be he/she the victim, witness or the suspect; be updated on and must observe the rules and procedures in the handling of cases, especially those involving children, whether such child is the victim, witness or suspect or accused;

3. Ability to communicate well, verbally and in writing;

23 Suggestions: Perhaps Sir Roland can incorporate the “risk assessment formula” introduced by Ms. Rosemarie Trajano in her lecture on Security and Protection of Human Rights Defenders.



B. Case management process

The Case Management Process begins from the moment the RHRC takes cognizance of a complaint or report of human rights violation or incident, which may come from any of the two (2) originating points: directly from the complainant/victim or motu proprio. The complainant may be the victim himself/herself or his/her relative, or a concerned individual or government entity or non-government group. It has a set of activities which may vary depending on the source of complaint or report.

Referrals from identified sectoral, government or non-government entities referred for investigative monitoring can lead to either an investigation arising out of a complaint or a motu proprio investigation. Step 1. Complaints and reports

Any concerned individual or group may file a complaint for human rights violations before the RHRC, particularly the victim, or his/her relatives, or non-government organization, or any government or private entity. Anonymous complaint or reports received from other sources shall be subject to an initial evaluation and verification. If upon such initial verification or on the basis of the information or details provided appears to be meritorious or has some factual basis, the RHRC shall motu proprio proceed to investigate the matter.

Two (2) Originating Points of HR Cases for RHRC Investigation

mplaint directly filed Motu Proprio

with RHRC

HRV INCIDENTS

For investigation by RHRC 23

4. Ability to accurately and concisely reduce the statement of the person he/she is interviewing or interrogating into an affidavit-complaint; to reduce accurately in writing his findings, in the form of initial, final and/or supplemental investigation reports, or progress reports on the case or cases he/she is handling, as well as documentation in relation to monitoring economic, social and cultural rights conditions of the vulnerable sectors, which are necessary to put the results of the investigation work on record pursuant to prescribed standards;

5. Ensure that all documents, papers and records pertaining to the case or cases are properly compiled and preserved together with other evidence he/she gathered or collected in the course of investigation and/or investigative inquiry or monitoring. For this purpose, he/she shall include in his/her final investigation report, as enclosure, a list or inventory of all the documentary and object evidence gathered in the course of his/her investigation.

INVESTIGATION AND CASE MANAGEMENT PROCESS

A. Case activity flowchart

Co

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1. Complaint directly filed with the Office refers to complaints brought directly to the attention of the RHRC by the victim/s, or the victim’s relatives, or concerned individual or government office or non-government group.

2. Motu proprio, action taken by the RHRC on its own initiative on the basis of reports or information from radio / television broadcasts, newspaper accounts, phoned-in reports of incidents of human rights violations or other similar sources. The RHRC initial response to these reports is through immediate dispatch of Investigators or quick response team (QRT). The formal filing of the complaint is done after initial inquiry or investigation on the reported incident.

Step 2. Entry and record complaints and reports

After receiving the complaint or report about a human rights violation or international humanitarian law violation, the first step is to assign an entry number and immediately record it in accordance with the RHRC rules on entry system.

Step 3. Initial evaluation of complaints and reports

To determine RHRC jurisdiction. At this stage, the investigator on duty of the day in consultation with Head of Office for field offices or Special Investigator I for HRMCs or shall make an initial assessment or review of the complaint or report. On the basis of the allegations in the reports by media or other sources, or the allegations in the complaint filed and documents submitted, the Investigator or Legal Officer shall immediately take appropriate action thereon, such as, conducting a preliminary evaluation of the report or complaint to determine whether the matter is within the RHRC jurisdiction and is within the area of responsibility of the sub or provincial office concerned.

Assignment of docket numbers. Only when there is a determination by the RHRC that a complaint or request merits a full blown investigation that it is entered in the RHRC docket and assigned corresponding docket numbers.

Step 4. After preliminary evaluation

For referral to appropriate agencies. If upon preliminary evaluation it is apparent that the matter does not involve human rights violations or issues, the RHRC Officer concerned shall close the case and immediately refer it to the government agency or other concerned entity having primary jurisdiction or responsibility over the subject matter for appropriate action, with notice to the complainant or aggrieved party. Simply put, the case is closed for referral to the appropriate agency. (Referral letter)

For initial fact-finding. Should the circumstances require an initial field investigation or fact-finding mission in order to have an accurate initial validation of the report or complaint, the RHRC office concerned shall immediately deploy an investigator or lawyer or a composite team for the purpose.

For immediate deployment of Quick Response Team. As the situation warrants, the chair or any member of the commission may order the dispatch of a Quick Response Team to immediately and timely respond, intervene and provide the necessary assistance to any person or group/community of persons in all cases involving civil, political, economic, social and cultural rights, particularly, where the lives, limbs or property are in imminent danger or grave threat, and/or where serious human rights violations have just taken place. (The head of the sub or provincial office may also order the dispatch of a quick-response team in lieu of any member of the commission.)

As the circumstances warrant, the RHRC may deploy investigating officers to join multi-sectoral quick response operation. However, RHRC officers involved in such activity shall at all times maintain the independence of the RHRC and come up with their own

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separate observation and report which shall be submitted to the Executive Director and/or the Commission.

Recommend to the Commission for the conduct of public inquiry. The investigator or the composite investigating team, on the basis of their observation and assessment of the data gathered in the course of investigation, whether at the initial stage or during the investigation or fact-finding proper, may recommend to the Commission for the conduct of a public inquiry in aid of investigation.

The Commission shall have the discretion to consider the conduct of an en banc public inquiry, or to delegate the conduct thereof to any of its members who shall be assisted by the RHRC legal officers and support staff, or to the RHRC Sub or Provincial Office concerned or to a special committee. In the negative, the Commission shall inform the investigator or investigating team concerned to continue their investigation on the case.

The subject of a public inquiry may include, but is not limited to: human rights cases which are of domestic and/or international implication/importance, or considered extraordinary on account of the parties involved, or the unusual, interesting, or sensational character of the facts, such as extralegal or summary killings, enforced disappearances, massacres, violations against humanity, ham lettings, forced evictions and/or illegal demolitions, development aggression, displacements, food blockades, violations involving international humanitarian law, and/or threats thereof that affect the underprivileged or vulnerable/disadvantaged or marginalized sectors, or community of persons, regardless of the situs of the violation and/or personalities involved or implicated thereon.

Step 5. Call parties for a dialogue or preliminary conference, if required

On the basis of the preliminary evaluation or initial investigation findings, the Investigator-on-case may opt to call or invite the parties for a dialogue or preliminary conference to discuss, among others, immediate courses of action and protection remedies, and/or possible submission of the matter to an alternative dispute resolution whenever applicable. In such case, the notice or invitation shall be given to the parties at least three (3) days before the scheduled date of dialogue or conference signed by the head of the sub- or provincial office or his/her authorized representative.

Should the parties agree, during the conference/dialogue, to submit the issue to an alternative dispute mechanism, they must be informed that the same shall proceed in accordance with the process under this Manual.

Cases involving violence against women and children where the law itself prohibits conciliation and mediation, no mediation shall be held, except in cases where the sole issue advanced is for support. It should be emphasized that the mediation proceedings in relation to support shall not preclude the complainant from filing the corresponding criminal charges for violence/abuse against women and/or children pursuant to existing laws.

Step 6. Planning the investigation

The RHRC Investigator should always consider the stages of investigation and determine beforehand the steps to be taken, as well as the appropriate adjustment in the process as the investigation progresses.

STAGE 1

PLAN THE INVESTIGATION

STAGE 2

GATHER THE REQUIRED INFORMATION AND EVIDENCE

STAGE 3

ANALYSE THE INFORMATION AND EVIDENCE

STAGE 4

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DOCUMENT THE FINDINGS OF THE INVESTIGATION AND MAKE

RECOMMENDATIONS

Therefore, it is advisable that before embarking on an investigation mission, the Investigator or investigation team shall come up with an investigation plan (Stage 1) which shall consider, among others, the time frame of the investigation and the resources needed, i.e., equipment/materials, budgetary requirements.

The Investigation Plan is the first stage in the investigation process, and which is necessary especially in high profile human rights cases. It shall be kept in the case files for reference and guide for the investigators on case. The plan may be modified as the investigation progresses depending on the needs and leads of the investigation in any particular human rights case. This may be during the gathering of information and evidence (Stage 2) and/or in the analysis of such information and evidence at hand (Stage 3).

The Investigator should always make accurate notes or recording of the information and evidence obtained, including an inventory or list of the documentary, object and other relevant and material evidence gathered, as well as their observations in the course of the investigation. This is necessary for a precise, correct and truthful documentation of the investigation findings and in making the appropriate recommendations (Stage 4).

Step 7. Investigation or fact-finding proper

The investigation proper shall commence immediately after the preliminary evaluation of the report or complaint or after the initial investigation findings that call for a full- blown/comprehensive investigation of the human rights incident or issues.

Investigation refers to the determination of facts and circumstances surrounding the commission of a crime/offense or human rights violations and the identification of the offender/s or violators. This will include, among others, the motive/s behind, the root cause of the violations, the background of the victim/s and the perpetrator/s.

The investigation proper shall commence immediately after the preliminary evaluation of the report or complaint or after the initial investigation finding which calls for an in-depth investigation of the human rights incident or issues. In no case shall it be later than fifteen (15) days from receipt of the complaint or report. In very urgent situations, the investigation shall commence immediately upon receipt of the complaint or report.

The way to conduct an investigation depends on the nature of the human rights violation involved, and the investigator needs to consider all sources of information. He/she should obtain evidence from the surviving victims, witnesses and other relevant sources. It is important to use modern techniques of investigation including explorations of cellphones and/or webmail data. To have a comprehensive and thorough investigation may sometimes require the assistance of experts, depending on the particular needs of the case, i.e., Forensic investigation. The investigation process should aim to obtain and gather information and evidence in an orderly manner (Stage 2).

In many instances human rights investigation process may require close coordination with other government agencies involved in law enforcement, as well as non-government organizations involved in human rights work.

Among the initial steps that should be undertaken by the investigator is to collect and gather data from these institutions and organizations, i.e., police investigation reports, police blotters, and NGO fact-finding reports. The RHRC investigation should complete the information or fill the gaps that could be observed in the investigation. However, the investigator should avoid the overlapping or the duplication of tasks.

While the investigation is on-going, the investigator should assess the sufficiency and relevance of the evidence already on hand (Stage 3), and regularly consult and update the head of the sub and provincial office, or the chief investigator on the progress of the investigation, or if necessary, the CEB.

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Notice. Conformably with the right to procedural due process, the alleged respondent or any person implicated in the complaint or report from relevant sources shall be required to submit his/her answer, comment or counter-affidavit, within ten (10) days from receipt of the RHRC notice/subpoena and a copy of the complaint. Witnesses and other relevant documents in support of their defense may likewise be presented. However, under exceptional situation, the answer, comment or counter-affidavit may be submitted within fifteen (15) days from receipt of the notice or subpoena.

Handling sensitive information/data. The Investigator/office concerned shall not reveal, up to a reasonable stage of the investigation, information/data gathered in relation to the case under investigation where the revelation of such, i.e., identity and location of the complainant or victim and/or witnesses, shall prejudice the on-going investigation or put to immediate risk or endanger the life and security of the complainant, surviving victim, the victim’s family or the witness or witnesses.

7.1. Investigation of violations of civil and political rights

7.2. Investigation and monitoring of economic, social and cultural rights

Violations of economic, social and cultural rights refer, primarily, to the failure of the government to comply with an obligation contained in the International Covenant on Economic, Social and Cultural Rights. To ascertain whether there is a breach of any of these rights or validate any complaint or report for that matter, the RHRC pursues investigative monitoring as a means of ensuring the protection thereof. As earlier mentioned investigative monitoring is a combination of two protection approaches, that is, investigation and monitoring. Thus, the investigative procedures in civil and political rights apply, coupled with the further continuing of RHRC protective action requiring investigators to track down the economic, social and/or cultural rights violations on case to case basis, as well as the economic, social and cultural rights conditions of the community or the vulnerable, marginalized and disadvantaged sectors within the area under the territorial jurisdiction of the RHRC office concerned.

The tracking of the situation within the local or regional level is necessary for the accurate assessment and analysis of the general economic, social and cultural rights situation of the people in the country.

Therefore, in the process, the investigator must: a. Identify the specific type of human rights violation involving economic, social

and/or cultural rights; b. Identify the applicable human rights standards to the economic, social and/or

cultural rights situation, as well as the particular treaty obligations breached and how the violation was committed or being committed, and who are responsible therefore;

c. Conduct a thorough and comprehensive analysis of the situation vis-à-vis the domestic laws, policies, rules and regulations, jurisprudence, to determine whether these are consistent with international human rights standards or particular provisions of applicable human rights treaties;

d. Identify the factors that led or contributed to the violation/s of the economic, social and/or cultural rights of the people or particular sector;

e. Make the appropriate observations and recommendations to vindicate the rights of the victims, as well as corresponding measures to be adopted by duty holders to prevent violations of economic, social and /or cultural rights in the future; and

f. Continue to monitor and document economic, social and cultural rights situations within their respective area of responsibility; and make the necessary report to the CEB.

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Monitoring of economic, social and cultural rights may be further elaborated in that it may be undertaken through:

a. Compiling all investigation reports on incidents of economic, social and cultural rights violation. This shall serve as basis to assess the government’s current performance in the fulfillment of economic, social and cultural rights obligations.

b. Being able to gauge the trends of economic, social and cultural rights situation, through multi-year analysis and highlights the need for comparable data over several years;

c. Undertaking a comprehensive and in-depth review of national laws, policies, rules, regulations, guidelines, administrative procedures and practices, as well as jurisprudence, including national strategies and plans that have impact on economic social and cultural rights;

d. Undertaking a comprehensive review of proposed bills and submitting comments to Congress.

7.2.a. Investigation and monitoring of demolition and eviction incidents

The usual victims or communities affected by demolition and/or eviction are from the vulnerable, marginalized and disadvantage (VMD) sector of society. Thus, consistent with its role as an independent monitor and watchdog of the human rights conditions in the country specifically in the ARMM areas, the RHRC may, on its own or on complaint by any person, pursue investigative monitoring of all forms of human rights violations arising from the demolition of dwellings or structures and eviction of poor dwellers and homeless underprivileged citizens or members vulnerable, marginalized or disadvantage sectors in the ARMM.

At the provincial level, at least one (1) special investigator shall serve as Focal Point on investigative monitoring of the human rights situation of vulnerable, disadvantaged and marginalized sectors of society, such as, poor dwellers, homeless, and underprivileged. On the basis of the complexity and gravity of the issue or issues, the Head of Office may designate a lawyer to lead the team. A medical doctor may also be made part of the team, especially when the physical and health conditions of the affected residents or community of persons are also at issue.

7.3. Investigation of cases involving children and women

Generally, the regular investigation process also applies to the investigation of cases involving children and women. However, the RHRC investigator should always be conscious of the further requirements or procedures in handling cases involving these vulnerable sectors. Thus, in handling cases involving children, be they victims or children in conflict with the law or children in situation of armed conflict, the investigator shall also take into consideration the guiding principles enshrined in the Convention on the Rights of the Child, namely: the best interest of the child; non-discrimination; the right to life and development; and the right of the child to be heard and to participate. The investigator shall observe the RHRC guidelines in the investigation and interview of children and women who are victims of human rights violations or domestic violence.

There shall be a separate room conducive in conducting interviews with women victim-survivors/witnesses as well as child-friendly rooms where to interview children. In case where there is no separate room available, the office of the Legal and Investigation Division of the Regional Office concerned shall be utilized for the purpose.

Confidentiality on cases involving women and children shall be observed in accordance with law and RHRC policy on the matter.

7.4. Investigation of International Humanitarian Law (IHL) violations.

This shall cover incidents of IHL violations by State and Non-State Actors in situations of armed conflict. “International humanitarian law” can be defined as that part of

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international law which is designed to ensure respect for general principles of humanity in situations of internal armed conflict. Growing from customary international law, early efforts at codification, and treaties adopted at the Hague Peace Conferences of 1899 and 1907, international humanitarian law has its principal sources in the four Geneva Conventions of 1949 and the two 1977 Protocols Additional to those Convention.

POST-INVESTIGATION ACTIVITIES A. CONCLUSIONS AFTER INVESTIGATION Step 8. Final investigation

Once the investigation is completed, the investigator/s shall prepare the final investigation report. The final report shall contain the following:

a. The authority or legal basis of the RHRC to conduct the investigation; b. The complete facts of the case, to include the motive or motives behind the

violation; c. The profile of the victim, to include his/her full name, sex, gender, age, status,

address, affiliation, work or profession, religion, nationality, tribe or ethnic origin, educational background;

d. The profile of the human rights violator or alleged perpetrator, to include his/her full name, sex, gender, age, status, nationality, work or profession, religion, branch of service in government, and/or the organization or group or affiliation;

e. The names and other personal circumstances of the witnesses and a brief narration of their testimonies;

f. The particular provisions of international human rights instruments violated or applicable to the case, as well as the pertinent domestic laws;

g. The evidence submitted by the complainant or aggrieved party, as well as that submitted by the alleged violator and the resource person/s to the RHRC;

h. The evidence and information gathered in the course of the investigation;

i. The answer, comment or counter-affidavits, and other evidence submitted by respondent/s, to include the sworn statements of his/her/their witnesses;

j. All other relevant data gathered; k. Investigation analysis and observations;

l. Outcome of analysis and observations; m. Recommendations.

The final investigation report shall be completed within ten (10) working days from the

termination of the investigation proper. It shall be submitted to the Chief of the Investigation Unit for review prior to its endorsement to the Head of Office, before transmittal to the Legal and Investigation Division. To comply with internal reporting requirements, a Final Investigation Report shall likewise be created. Investigators may identify the applicable international and domestic laws in the Action/Respondent fields but shall refrain from determining guilt and/or findings of HRV, such determinations shall be better addressed by the lawyers from the Legal and Investigation Division of the Regional Office.

B. RHRC Resolution Step 9. Evaluation of investigation reports and evidence; preparation of case resolution

The final evaluation and the resolution of the case shall be prepared by the lawyer or legal officer designated by the Chief of the Legal and Investigation Division within fifteen (15) working days from the submission of the final investigation report together with the evidence collected thereon. The disposition shall be made on the merits of the case. Upon the completion of the draft resolution, the lawyer or the legal officer so designated shall create a draft resolution report. The lawyer so designated shall indicate the proper findings in the case, per respondent, which could be: (a) Liable for HRV, (b) Not liable; (c) No pronouncement as to guilt. He shall likewise indicate the proper legal action to be taken: (a) civil; (b) criminal; (c)

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administrative, indicating as well the specific agency to which the case shall be referred to. Multiple actions, in cases where civil, criminal and administrative charges are recommended for a single respondent, are also possible.

Step 10. Commission En Banc deliberation and approval of case resolution

The CEB shall deliberate and approve the resolution within five (5) days from receipt thereof. The resolution shall state whether or not there exist prima facie evidence of human rights violation committed or the omission/s which led to the violation of the human rights and the pertinent provisions of the international human rights law, as well as domestic legislation and jurisprudence applicable to the case. In case the Commission disagrees with the evaluation and disposition of the case made by the Legal and Investigation Division, it shall be incumbent upon the CEB to rewrite and approve the resolution.

The dispositive portion of the resolution shall also state the corresponding recommendations, be it an endorsement for the filing of appropriate criminal, administrative or civil actions before the competent fora; or transmission for appropriate legislative, administrative, judicial, policy and programmed measures, or the dismissal of the case.

Should the CEB decide to dismiss the case, it shall indicate in the resolution the grounds for dismissal.

Step 11. Notice of resolution to parties

A notice of the resolution, together with a certified copy of the case resolution, shall be sent to the parties and their counsel and other persons/entity concerned within two (2) days from approval thereof by the CEB.

A certified copy of all case resolutions shall be furnished the Legal and Investigation Division or the Head of the Sub or Provincial Office concerned.

Step 12. Motion for reconsideration; appeal

Any party to a human rights case, or concerned citizen or organization representing said party, who does not agree with the resolution issued by the CEB, may file a motion for reconsideration with the CEB within fifteen (15) days from receipt of said resolution.

The resolution shall become final after the lapse of the fifteen (15) day period for the filing of a motion for reconsideration and no such motion has been filed. Should the motion be denied, the aggrieved party has fifteen (15) days from receipt of the Resolution denying said motion within which to appeal the case to the CEB. The appeal may be filed with the regional office concerned or directly with the CEB through the Commission Secretary. If the appeal is filed with the Regional Office concerned, the latter shall elevate the same, together with the records of the case to the CEB, through the Commission Secretary within five (5) days from receipt of the appeal. The appeal may be in the form of a letter or pleading in six (6) legible copies.

The absence of a motion for reconsideration or appeal does not preclude the CEB to motu propio review cases resolved by the Regional Office, particularly those which are of national or international importance/implication, or involve heinous forms of human rights violations, including child rights cases.

Step 13. Commission En Banc resolution on motion for reconsideration; notice to parties

The CEB shall resolve the Motion for Reconsideration within thirty (30) days from receipt thereof. The Commission Secretary shall issue a notice of resolution together with certified copies of the resolution to the parties concerned within five (5) days from the decision thereof by the CEB. The concerned sub or provincial office shall also be furnished copies of the same.

The Commission Secretary shall cause the release and service of notice, together with a copy of the CEB Resolution or Decision to all the parties in the case, as well as to the Sub or

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Provincial Office concerned, within fifteen (15) days from the date of approval and concurrence thereof by the CEB.

Step 14. Official transmittal of RHRC resolution and case records to competent fora

In cases where the CEB resolution have become final and are to be endorsed to competent fora for the filing of appropriate criminal, administrative or civil actions, the same shall be covered by an official transmittal and a chronological list of documents and evidence on record to be transmitted. The transmittal letter shall be signed by the Executive Director, or Head of the Sub or Provincial Office.

In cases decided by the CEB endorsed for appropriate action to the competent fora, the transmittal letter shall be signed by the Chair or Commissioner. It shall also contain a chronological list of the documents and evidence.

However, if the corresponding criminal and administrative charges have already been initiated and filed before the competent fora prior to the RHRC resolution, the resolution shall indicate that the case/s is already pending with the competent fora. The RHRC shall monitor the progress and status of the case until the same shall have been decided by the competent body with finality.

C. MONITORING THE PROGRESS OF INVESTIGATION AND STATUS OF CASES; CONSOLIDATED AND SPECIAL REPORTS Step 15. RHRC offices responsible in case monitoring

All cases taken cognizance of by the RHRC from the time of the commencement of the investigation by the RHRC sub or provincial office or special composite investigation team created by the Commission shall be monitored by the RHRC.

All resolved cases referred or endorsed to appropriate government institutions or bodies, i.e., Office of the Prosecutor, Office of the Ombudsman, the Courts, located within the region or area of responsibility of the particular RHRC Office concerned, for the filing of the corresponding criminal and/or administrative charges and/or civil action for damages resulting from the human rights violations committed on the victim/s, shall be regularly monitored by said provincial or sub office.

D. PROTECTION AND OTHER ASSISTANCE TO THE VICTIMS, THEIR FAMILIES AND WITNESSES Step 16. Responsibility to facilitate protection and assistance

In all stages of the investigation and until the final disposition of the case, the RHRC, in coordination with appropriate agencies, shall ensure the security and protection of the surviving victims and their families, as well as the witnesses.

As the circumstances require, the RHRC shall, in coordination with appropriate agencies or organizations, ensure that adequate security and protection measures are in place for the surviving victims, the victim’s family, and the vital witnesses even after the final disposition of their case by competent fora.

As the circumstances require, the RHRC on its own, or with the assistance of lawyers association or private law practitioner/s, shall provide the surviving victims, the victims’ families and witnesses the necessary legal assistance, to include immediate access to special legal remedies, to ensure their protection from further violations or threats thereof from the perpetrators/respondents.

The case investigator/s shall, therefore: a. ascertain the security situation of the victims, their families and witnesses; b. immediately inform and consult with Head of Office and closely work in

coordination with RHRC lawyer/s at the sub or provincial level for purposes of determining the necessity for immediate courses of action, such as, assisting them in seeking immediate special legal remedies for their protection; and

c. Whenever necessary, should seek the support/assistance of the Legal and Investigation Division for the prompt preparation of the required pleadings and

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other appropriate documents, and/or appropriate legal representation.

MONITORING FUNCTIONS COMPLIANCE MONITORING OF INTERNATIONAL HUMAN RIGHTS STANDARDS IN GOVERNANCE IN ARMM. The RHRC shall monitor ARMM government compliance and undertake independent review and reporting of the different international treaties and agreements entered into by the Philippines.

PUBLIC INQUIRY. The authority to conduct a public inquiry is grounded on MMA 28824. The Rules of Procedure shall contain the rules and regulations in defining the boundaries and limits of the public inquiry.

QUICK RESPONSE TEAM. RHRC shall establish a quick response action system at its areas of responsibilities, which shall be in active operation even after the regular working hours and during weekends and holidays. The primary responsibility of the QRT shall be to immediately provide the necessary assistance to any person or group whose rights have been violated, or whose lives, liberty or property are in grave threat or in imminent danger. The Rules of

Procedure shall contain the rules and regulations in governing the operations of the QRT.25

MONITORING OF INTERNALLY DISPLACED PERSONS (IDPs) A. Internally Displaced Persons B. Data Collection C. Data Processing D. Circulation

E. Handling of Feedback APPLICATION OF ALTERNATIVE DISPUTES RESOLUTION IN CERTAIN HUMAN RIGHTS CASES OR ISSUES

Conciliation is a mode of settlement whereby the RHRC or its representative, who shall be a neutral party, encourages and facilitates the parties in dispute to discuss their differences and assist them in making their own solution in their aim to reach a mutual agreement. Mediation is a more active mode whereby the RHRC or its representative, although on a neutral position, submits proposals or recommendations for the possible settlement of disputes or human rights issues brought before it. Such proposal or recommendation by the RHRC or its representative is done when the parties in dispute cannot, on their own, reach a solution or mutual agreement on the human rights issues in question.

The RHRC may consider the conciliation and mediation mechanism as a first course of action and alternative means in handling cases involving civil, political, economic, social and cultural rights, except those involving serious or most serious human rights violations including but not limited to genocide, crimes against humanity, massacre, extralegal killings, enforced disappearances, torture, child abuse, and domestic violence; or those which carry the corresponding penalty of imprisonment of more than six (6) months; or when the parties cannot agree to submit their case to mediation or conciliation proceeding.

24 Sec. 21 (2), MMA No. 288. In the exercise of its mandate to monitor the Government’s compliance with its international human rights treaty obligations, the RHRC shall have the following powers and functions:

x x x 2. Conduct inquiries on the manner of implementation by the Philippine Government and the Regional Government of specific human rights treaty obligations;

25 RHRC CEB Resolution No. 2014-02 entitled “Resolution Prescribing the Rules and Regulations for the Establishment and Operations of the RHRC Quick Response Team,” dated 16 January 2014.

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WHEN ADR IS APPLICABLE. Upon initial contact with the client, or at any stage of the investigation proceedings on a particular issue involving civil, political, economic, social or cultural rights, the RHRC lawyer or investigating officer shall determine whether the issue at hand can be considered for conciliation or mediation proceedings.

If it appears that the matter can be settled under a non-adversarial approach, the RHRC officer concerned should get the parties to talk individually on what they expect from their complaint and ask them if they would like to go through a mediation or conciliation process. Only when the parties so agree can the alternative dispute resolution process apply.

PARTIES INVOLVED IN ADR. The participation in the conciliation or mediation process before the RHRC shall be limited to the following parties:

(a) Complainant or aggrieved party; (b) Respondent or alleged perpetrator; (c) The RHRC investigator or lawyer, as may be designated by the Head of Sub-

Regional or Provincial Office where the dispute is pending or the Chief of the Legal and Investigation Division, if the dispute is brought to and/or referred to any of said offices by the Commission or any Member thereof, who shall serve as conciliator or mediator.

Where there are complex human rights issues involved and/or there are numerous complainants and/or respondents, at least two (2) RHRC conciliators or mediators shall handle the conciliation or mediation process.

CONDUCT OF THE RHRC CONCILIATOR OR MEDIATOR. The RHRC conciliator or mediator shall:

(a) Observe impartiality throughout the proceedings;

(b) Arrange meetings/conferences between the complainant or aggrieved party and the respondent;

(c) Ensure that the parties are accorded equal and fair opportunity to be heard and/or to present and explain their respective positions on the matter at issue;

(d) Treat both parties with all courtesy, respect and patience; (e) Ensure that the settlement of the issues or mutual agreement, to include the

matter of compensation or award as a result of such settlement has been reached jointly through the free and voluntary decision of all parties, and that the same is not contrary to law, public order or policy.

Under no circumstances shall the RHRC conciliators or mediators act in a coercive or intimidating manner or appear to be such towards the parties or any of them. They shall not allow themselves to be affected by hostile environment, subtle threats and/or rumors.

Only RHRC officers and investigators who have appropriate training on alternative dispute resolutions shall handle cases submitted for conciliation or mediation.

LAWYERS PROHIBITED. No private lawyer or public attorney shall appear and represent any party in any conciliation or mediation proceedings, except when the lawyer himself/herself is a party. However, a party is not precluded from consulting or seeking a lawyer’s advice in the process.

AMICABLE SETTLEMENT. Once the parties have reached an amicable settlement, the RHRC mediator or conciliator shall assist the parties in the preparation of the document pertaining their agreement, which shall be in a language spoken and clearly understood by the parties, duly signed by them. In case the parties or any of them do/does not know how to read and/or write, the same shall be read and explained to them/him/her by the conciliator or mediator before they/he/she shall affix their thumb mark thereon. It shall also be attested by the RHRC conciliator or mediator.

The matters discussed during the alternative dispute proceedings shall be treated in confidentiality by the parties. The RHRC conciliator or mediator shall likewise ensure that the policy on confidentiality shall be observed by the parties.

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The RHRC conciliator or mediator who handled the conciliation or mediation proceedings of any human rights issues/cases wherein no amicable settlement or compromise agreement has been reached by the parties shall be disqualified to participate in any manner in the investigation proper of said issues or cases.

All conciliation or mediation processes facilitated shall be reported to the Commission by the respective offices or officers/investigators authorized to conduct such conciliation and mediation proceedings in certain human rights cases/issues. Because of the policy of confidentiality, such reports shall be submitted on a monthly basis, which shall be separated from other regular reports.

ADR IN VAWC CASES. In cases involving violence against women and their children where conciliation and mediation is expressly prohibited by the law itself, the RHRC mediators shall refrain from pursuing with the alternative dispute resolution except in cases where the sole issue is child support. But the ADR pertaining to support shall not in any way preclude the woman and/or her child victim from later on pursuing a criminal action for physical or psychological abuse under the Anti-Violence Against Women and their Children Act (RA 9262) or any related laws.

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