[ ADMINISTRATIVE ORDER NO. 22, May 08, 2024 ]
FURTHER ENHANCING MECHANISMS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN THE COUNTRY AND CREATING THE SPECIAL COMMITTEE ON HUMAN RIGHTS COORDINATION FOR THE PURPOSE
WHEREAS, Section 11, Article II of the Constitution declares it a policy of the State to value the dignity of every human person and guarantees full respect for human rights;
WHEREAS, Section 12, Article III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means which vitiate the free will against any person under investigation for the commission of an offense;
WHEREAS, the Philippines is a State Party to various international human rights instruments, including the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and International Covenant on Civil and Political Rights;
WHEREAS, Administrative Order (AO) No. 101 (s. 1988), as amended by AO No. 29 (s. 2002) and AO No. 163 (s. 2006), established the Presidential Human Rights Committee (PHRC) to, among others, formulate a National Human Rights Action Plan and ensure the Philippines' compliance with its obligations under various international human rights instruments;
WHEREAS, consistent with the government's effort to strengthen mechanisms for promotion and protection of human rights mechanisms in the country, the Philippines partnered with the United Nations (UN) for the Joint Program on Human Rights (UNJP) to engage in capacity-building and technical cooperation in the areas of law enforcement, criminal justice, and policy-making in the Philippines;
WHEREAS, it is imperative to sustain and enhance the accomplishments under the UNJP, which is set to expire on 31 July 2024, through institutionalization of a robust multi-stakeholders process for the promotion and protection of human rights in the Philippines; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus, and offices, and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by the virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Special Committee on Human Rights Coordination. A Special Committee on Human Rights Coordination ("Special Committee") is hereby created under the PHRC. The Special Committee shall be in-charge of sustaining initiatives and accomplishments of the UNJP in the areas of law enforcement, criminal justice, and policy-making. The Special Committee shall be composed of the following:
| Chairperson | : |
Executive Secretary, Office of the Executive Secretary |
| Co-Chairperson | : |
Secretary, Department of Justice |
| Members | : |
Secretary, Department of Foreign Affairs; and |
| Secretary, Department of the Interior and Local Government |
The PHRC Secretariat shall serve as the Secretariat of the Special Committee, and shall provide the necessary technical, administrative, and operational support to the Special Committee.
As may be necessary, the Special Committee is hereby authorized to include as members and/or observes such other relevant agencies, subject to existing laws, rules and regulations. Further, the member-agencies of the Special Committee may designate their existing personnel to the Secretariat, subject to existing laws, rules, and regulations.
The Chairperson, Co-Chairperson and Members of the Special Committee may designate their respective alternates, with ranks not lower than Assistant Secretary or its equivalent, who are fully authorized to decide for or on their behalf.
Section 2. Duties and Functions. The Special Committee shall have the following duties and functions:
a. Strengthen existing mechanisms for the protection and promotion of human rights, particularly in the following key areas of the UNJP: (i) investigation and accountability; (ii) data-gathering on alleged human rights violations by law enforcement agencies; (iii) expanding civic space and engagement with private sector; (iv) National Mechanisms for Implementation, Reporting, and Follow-up; (v) human rights-based approach towards drug control; and (vi) human rights-based approach towards counter-terrorism.
For this purpose, the Special Committee may, whenever necessary, invite as member and/or observer such other government agencies, including the Commission on Human Rights, Dangerous Drugs Board, and Anti-Terrorism Council-Program Management Center;
b. Complement and rationalize the efforts of concerned government agencies, instrumentalities, and bodies to ensure a holistic approach in the implementation of their thrusts, programs, and policies on the abovementioned key areas;
c. Facilitate access to redress mechanism by victims of human rights violations;
d. Monitor and ensure effective implementation of govenrment policies and programs aimed at upholding and protecting human rights of persons deprived of liberty, particularly in guaranteeing that no one is subjected to torture and other cruel, inhumane or degrading treatment or punishment;
e. As may be necessary, provide technical support and assistance to concerned govenrment agencies, instrumentalities, and bodies in identifying human rights concerns and issues, and in processing reports relative thereto to ensure that appropriate action is taken;
f. Submit an annual report to the President, through the PHRC, relative to the implementation of this Order; and
g. Perform other functions as may be directed by the President and/or the Executive Secretary.
Section 3. Authority to Accept Assistance and/or Donations. The Special Committee, through its member-agencies, is hereby authorized to accept donations, contributions, grants, bequests or gifts from domestic or foreign sources, for purposes relevant to their mandates and functions, subject to existing laws, rules and regulations.
Section 4. Agency Support and Cooperation. All national government agencies and instrumentalities, including government-owned or -controlled corporations, are hereby directed, and all local government units, as well as the private sector, are hereby encouraged to render full support and assistance to the Special Committee relative to the implementation of this Order.
Section 5. Implementing Guidelines. Within thirty (30) days from the effectivity of this Order, the Special Committee shall issue the necessary guidelines for the effective implementation of this Order which may include, among others, mechanisms for coordination and/or consultation with the public, non-government organizations, and civil society groups, subject to existing laws, rules and regulations.
Section 6. Funding. The funding requirements for the initial implementation of this Order shall be charged against the current and available appropriations of the member-agencies of the Special Committee. Thereafter, the funding requirements necessary for the continued implementation of this Order shall be included in the budget proposals of the member-agencies, subject to the usual budget preparation process.
Section 7. Separability. If any part or provision of this Order is held unconstitutional or invalid, other parts not affected thereby shall continue to be in full force and effect.
Section 8. Repeal. All orders, rules and regulations, and other issuances or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly.
Section 9. Effectivity. This Order shall take effect immediately upon its publication in the Official Gazette or a newspaper of general circulation.
DONE in the City of Manila, this 8th day of May, in the year of Our Lord, Two Thousand and Twenty-Four.
(SGD.) FERDINAND R. MARCOS, JR
By the President:
(SGD.) LUCAS P. BERSAMIN
Executive Secretary