An Act to promote and protect the rights of human rights defenders, 2018
Type of instrument: Law
Status: (as at 1 January 2022)
In process.
Comments on the instrument:
The draft law was presented to the Senate in February 2018. It is an almost verbatim transcription of the Model Law, aligning with all relevant provisions. The incorporation of specific provisions stepping out guidelines for the NHRI’s function as a Protection Mechanism to protect HRDs would be welcome. As the bill before the House of Representatives passed in January 2022, eyes are now on the Senate to pass this draft before it. A reconciliation of the Senate and House of Representatives Bills will then ultimately constitute law in the Philippines. It is critical that the final law resulting from the reconciliation process of the Bicameral Conference Committee ensures the highest protections for HRDs.
Does the instrument contain specific provisions easily used to restrict HRDs’ rights?
No
Comparison to the Model Law
Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on the Philippines, click here.
Key elements of the protection mechanism:
|
Provision |
Covered? |
Analysis / articles |
|
Definition of Human Rights Defender |
FULL |
3.b |
|
Right to promote and protect human rights and fundamental freedoms |
FULL |
4 |
|
Right to Form Groups, Associations, and Organisations |
FULL |
5 |
|
Right to Solicit, Receive and Utilise Resources |
FULL |
6 |
|
Right to freedom of expression and to seek, receive and disseminate Information |
FULL |
7, 8 |
|
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
9, 10 |
|
Right to participate in public affairs |
FULL |
11 |
|
Right to Peaceful Assembly |
FULL |
12 |
|
Right to represent and advocate |
FULL |
13 |
|
Right to freedom of movement |
FULL |
14 |
|
Right to Privacy |
FULL |
15, 23 |
|
Freedom from intimidation or reprisal |
FULL |
17 |
|
Freedom from defamation and stigmatisation |
FULL |
18 |
State obligations regarding HRDs in the instrument?
|
Provision |
Covered? |
Analysis / articles |
|
Obligation to respect, promote, protect and fulfil rights of human rights defenders |
FULL |
19, 20 |
|
Obligation to facilitate the activities and work of human rights defenders |
FULL |
21, 22 |
|
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
FULL |
24, 25 |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
16, 26, 27 |
Mechanism on the protection of human rights defenders established in the instrument?
No. Section 30 delegates the functions of a mechanism for the protection of human rights defenders to the NHRI, but no new mechanism is created, and no specific guidelines for its functioning are given.
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An Act to promote and protect the rights of human rights defenders, 2018
House Bill No. 77 Human Rights Defenders Protection Act
Type of instrument: Law & Protection Mechanism
Status: (as at 2022)
In Progress; Refiled on 4 July 2022
Comments on the instrument:
The draft law is an almost verbatim transcript of the Model Law, going further in some aspects. The Protection Mechanism established through the law is also comprehensive, complying with the standards set by the Model Law. It would be welcome if some functions were detailed further.
This draft resulted from consolidated bills that were presented to the House of Representatives. Identical bills were passed on third and final reading in the House of Representatives during the 17th and 18th Congresses but were not acted upon by the Senate due to time limitations. With this refiling, human rights defenders, partners, and parliamentarians hope for approval from both the House of Representatives and the Senate, and eventual approval by the President finally turning the bill into law.
Does the instrument contain specific provisions easily used to restrict HRDs’ rights?
No
Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on the Philippines, click here.
A selection of fundamental rights for HRDs incorporated in the instrument:
|
Provision |
Covered? |
Analysis / articles |
|
Definition of Human Rights Defender |
FULL |
4.b |
|
Right to promote and protect human rights and fundamental freedoms |
FULL |
5 |
|
Right to Form Groups, Associations, and Organisations |
FULL |
6 |
|
Right to Solicit, Receive and Utilise Resources |
FULL |
7 |
|
Right to freedom of expression and to seek, receive and disseminate Information |
FULL |
8, 9 |
|
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
10, 12 |
|
Right to participate in public affairs |
FULL |
13 |
|
Right to Peaceful Assembly |
FULL |
14 |
|
Right to represent and advocate |
FULL |
15 |
|
Right to freedom of movement |
FULL |
16 |
|
Right to Privacy |
FULL |
17, 26 |
|
Freedom from intimidation or reprisal |
FULL |
18 |
|
Freedom from defamation and stigmatisation |
FULL |
11, 19, 29 |
State obligations regarding HRDs in the instrument?
|
Provision |
Covered? |
Analysis / articles |
|
Obligation to respect, promote, protect and fulfil rights of HRDs |
FULL |
22, 23, 31 |
|
Obligation to facilitate the activities and work of HRDs |
FULL |
24, 25 |
|
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
FULL |
27, 30, |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
2.c, 21, 28, 32, 33, 34 |
Mechanism on the protection of HRDs established in the instrument?
Yes, in Chapter IV
|
Provision |
Covered? |
Articles |
|
Cooperation with HRDs, civil society, and national and international human rights bodies |
FULL |
39, 42.c, 42.f, 42.h, 49.2.b |
|
Training of mechanism’s personnel on HR and fundamental freedoms |
FULL |
40, 43 |
|
Periodic reviews with independent experts and CSO’s on the functioning of the Mechanism |
FULL |
42.i |
|
Resources for adequate functioning of the Mechanism / transparency on resource usage |
PART |
49.2.f, 49.2.g, 51 |
|
Public acknowledgment of HRDs work and rights (promotion of UN Declaration) |
FULL |
42.e |
|
Disseminate information on protection programmes for HRDs, Mechanism’s work |
PART |
42.l, 49.2.i |
|
Development of protocols and guidelines based on best practice to protect HRDs |
PART |
42.l, 49.2.j |
|
Assist investigations for prosecuting offences against HRDs |
FULL |
42.c, 42.l, 42.d |
|
Granting of protective measures based off off a specific risk assessment |
FULL |
42.a, 42.b, 49.2.c |
|
Review / appeal of Mechanism decision before courts or independent authority |
NONE |
|
|
Confidentiality and personal data protection |
FULL |
49.2.d |
|
Actions to achieve structural changes (annual reports on the situation of HRDs, advising government on laws and policies related to HRDs) |
FULL |
42.g, 42.j, 42.k |