elements. One is the situation, the causality of the
at the risk of policy discontinuance in certain public
movement and the deflnition that IDPs are those
who are forced and obliged to leave their homes
due to variety of reasons not only to avoid the
effects of armed conflicts but also to get away from
generalized violence, violations of human rights or
natural or human made disasters. And thirdly they
should not cross an internationally recognized state
border, othenruise they will fall under the category of
refugees under the 1951 refugee law.
officials.
Now, as I said the idea of IDP and its legal and
political definition emanated from the United Nations
Guiding Principle on lnternal Displacement that was
adopted by the UN in 1998. To date it is considered
as the most comprehensive legal protection for lDPs
that serve as a guideline on humanitarian protection
and assistance. We know that this is not a binding
international treaty, having the characteristic of a soft
law because it is only a guiding principle and not a
convention, but stands firmly on the very tenets and
principle of lHl- human rights law and other recent
conventions. This is comprehensive in a sense that
it protects and provides principles and provisions for
the protection of lDPs in all phases of displacemenl
prior to displacemenf during the time that they are
displaced, up to the point that they have to return,
resettle or to reintegrate in places where they wish
to stay permanently. lt also covers a wide range of
human rights provisions covering the civil-political
aspect as well as economic, social and cultural aspects
One thing we find very innovative under the lnternal
Displacement Act
is that it also recognizes the
accountability and obligation of non-state actors
under the lnternational Humanitarian Law. I think
this is a very good breakthrough in legislating Human
Riqhts and IHL in a sense that from the traditional
notion of human rights being the domain of state
parties it now broadens into an acknowledgement
that non-state actors may also be liable for human
rights violations or violations of Humanitarian Law
under domestic legislation.
There are two versions and several features of the
lnternal Displacement Act One version is from the
house and it was already approved early this year.
The other version is now in the Senate, and we are
hoping that it could be enacted soon before the Senate
a
the salient features of
the Senate Bill 3317 is that it provides a broadened
undergoes
recess. One of
definition in context of internal displacement lt does
not only cover the displacement emanating from
armed conflict situations but also intends'to cover
displacement due
to development aggression
and
natural and human made disasters. This is perhaps
one of the main distinctions between the versions of
the House and the Senate. At the House, the context
and the scope particularly focused on displacement
to give us the holistic coverage of human rights.
due to armed conflict and HR violations and do not
include displacement due to disasters.
This is a soft law, but in the Philippines it is now
nearing being a hard law in the sense that during
The second important feature of the Senate Bill is
that it identifies the rights of the lDPs in all phases
the last 10 years, there's been an attempt to enact
of displacement, and also prohibits and
an lnternal Displacement Act And I see Chairperson
acts of arbitrary displacement Pertaining to natural
ofthe fi rst
disasters it refers to the Disaster Risk Management
Rosa les now; she was i n con g ress when one
versions of the bill was filed. Many people would
penalizes
as(
Law. lt is an affirmative law in the sense that it does
why an lnternal Displacement Act? There have been
many proponents of this bill and champions of this
not only dwell on the punitive aspect but actually
tries to reinforce mechanisms for protection and
humanitarian response for civilians affected by
disasters and conflict One of its salient features
includes the setting out of responsibilities of state
agencies including those in the local levels and
promoting the accountabilities of non-state armed
groups, and the provisions of sanctions for violations
rr€asUle; we see that once enacted, this would serve
as official recognition by the Philippine Covernment
of the gravity of the problem. And second, it should
be part of a paradigm shift that declares protection
for lDPs or all civilians, all non-combatants for that
matter. As a state policy, it also serues to coordinate
government for humanitarian response encountered
and compensation for victims.
Itaguyod ang IHL: Sibilyan Pangalagaan