PNP HUMAN RIGHTS AFFAIRS OFFICE
HUMAN RIGHTS-BASED POLICING PROGRAMS
(January 1, 2018 to December 30, 2018)
The PNP Human Rights Development Program was launched in 2007 to address various human rights issues and concerns faced by the police organization. The program has four components, namely: Institutional and Policy Development, Capability Building, Prevention and Control of Human Rights Violations, and Multi-Sector Cooperation.
- Institutional Policy Development – To review and formulate police operational policies attuned to the evolving issues of human rights protection.
- Capability Building – To develop the capacity of police officers on human rights consciousness and their adoption to embracing in their career the HR philosophy and principles—not just a recipient of change, but a prime-mover for human resource development on human rights.
- Prevention of Human Rights Violations – To reduce the incidence of human rights violations by establishing a system of integrity recognition to deserving members of the PNP who have exemplified themselves to the cause of human rights and to institute legal measures to address violations committed by State actors and non-State actors.
- Multi-Sectoral Cooperation – To enhance stronger cooperation between the PNP and relevant partners from the government, NGOs, and other sectoral groups, as well as international bodies, in pursuit of the promotion, protection and fulfillment of human rights principles in the country.
This report contains the accomplishments of the PNP in the promotion of human rights through the Human Rights Affairs Office, covering the period January 1, 2018 to December 14, 2018.
- Institutional Policy Development
- Formulation of Human Rights Policies and Advisories. As part of our program thrust to fully institutionalize the respect for human rights as a way of life in the PNP, this Office has come up with various Human Rights Advisories to be translated into pocket cards that will serve as a guide to all PNP personnel in their underlying duty to uphold human rights and the rule of law, at all times. It will also help improve the safety awareness through community-oriented and human rights-based policing of the PNP. HR Policies and Advisories which are undergoing review and approval by the higher authorities include the following:
- Advisory on the Downloading of the PNP Know Your Rights Mobile Application;
- Human Rights Advisory re Traslacion of the Black Nazarene
- Reiteration of Advisory re HR Advisories for PNP personnel conducting checkpoint CDM and duties to polling Places
- Use of Visibility Enhancer Vest During Conduct of Tokhang Activities
- Human Rights Advisory re 120th Philippine Independence Day Celebration
- Human Rights Advisory re SONA (2018)
- Reiteration of Advisory re CHRs on Subpoena Duces Tecum
- Human Rights Advisory re Undas 2018
- Guidance for the Release of Documents Requested by CHR, et al
- Capability Building
- Conduct of Police Rights Officers Course (PHROC) which has the objective to provide Police Human Rights Officers with the necessary knowledge, skills, attitude, and values related to Human Rights, International Humanitarian Law, Human Rights-Based Policing, and Human Rights Laws in the Philippines.
As target outcome, the PHROC seeks to create a pool of “Competent and Eligible Police Human Rights Officers” that would take the lead and manage PNP Human Rights Desks; address various human rights issues and concerns by internal/external stakeholders, including alleged human rights violations; conduct seminars and activities related to Human Rights-Based Policing; and establish partnerships with various sectors involved in human rights promotion and protection.
2. Conduct of PNP-ICRC Workshop/Training on HR and IHL. The PNP through the Human Rights Affairs Office, with the support of the International Committee of the Red Cross (ICRC), conducted the series of training/workshop dubbed as “PNP-ICRC Workshop/Training on Human Rights and International Humanitarian Law”.
The workshop/training had the objectives to: a) Enhance the understanding of PNP officers on IHL and provide opportunity to discuss IHL issues relevant to the PNP SAF, RPSB, PPSC and CPSC; b) Increase the awareness about the mandate and activities of the ICRC and the Red Cross and Red Crescent Movement; c) Increase the networking of the ICRC and understanding of the situation in the areas of operational importance to the ICRC; and d) Raise awareness of international policing standards as relevant to the work of ICRC.
3. Series of Human Rights Seminars for the Public Safety Basic Recruit Course of the Special Action Force (SAF) and Human Rights Refresher Training for Investigators and Custodial Officers. The series of Human Rights Trainings/Seminars had the objective to enhance and reorient our police officers, investigators and custodial officers of the fundamentals of human rights, investigative procedures based on Philippine Laws and our Police Operational Procedures.
From January to December 2018, a total of 37 Human Rights seminars were conducted with a total of 1176 PNP Participants, as follows:
Public Safety Basic Recruit Course of the Special Action Force (SAF PSBRC BAGANI CLASS of 2018-01)
4. Conduct of Senior-Level Police Discussions on the Integration of Rights-Based Policing Principles in Police Operations in partnership with the Hanns Seidel Foundation of Germany which had the objectives to:
- Realize their sense of responsibility for respecting and defending human rights and empowers them through skill on how to take appropriate action;
- Provide technical knowledge and basic concept of social media strategy using Social Networking Platforms as well as in handling media interview/press release;
- Learn how to manage conflict by minimizing the negative outcomes of conflict and promoting positive outcomes of conflict; and
- Internalize human rights values and integrate them into their work.
5. Conduct of Top Level Forum & Workshop on International Law Enforcement Standards for Senior Police Officers in partnership with the International Committee of the Red Cross for 29 Senior Police Commissioned Officers with the ranks of PCSUPT and PSSUPT from selected Directorates/PROs/Units from February 6 to 7, 2018 at Quest Hotel, Cebu City. The Forum aimed to:
Provide a venue for discussing actionable issues and policy recommendations on the following:
- Congestion of PNP Custodial Facilities due to the intensified implementation of Project Double Barrel 1 and 2;
- Force Protection and Use of Non-Lethal Weapons; and
- Updates and filing of Human Rights Violation cases involving Death under Investigation.
- Assess, evaluate, and come up with holistic solutions that must be adopted to address the said issues;
- Mainstream human rights-based approaches in policing; and
- Deepen the understanding of police officers on human rights and International Humanitarian Law to attain higher professional standards and be made as a way of life in law enforcement.
Human Rights Promotion
- Inspection of custodial facilities. This is a regular activity of the 17 PROs and HSS to ensure that persons under custody are treated in a humane and dignified manner and to uphold their individual rights pursuant to human rights standards and existing laws. The inspection is also being conducted to monitor observance of established procedures and guidelines in detention management and to improve the living conditions of detainees.
- From January to December 2018, a total of 4, 294 custodial facility inspection were conducted nationwide resulted to the findings as listed below:
Findings of the Inspections
- Congested custodial facility;
- LGBT (Gay) person under custody occupying the male cell;
- Poor custodial facilities conditions (lack of sanitation, medicine;
- ventilation, beds, beddings, clothing, & inadequate space);
- No regular medical examination of person under custody;
- Failure to provide basic necessities such as food, water, and other basic needs that must be met during their custody;
- Insufficient MOOE of Police Stations and other offices handling persons under custodial investigation;
- Lack of training in the proper handling of persons under custody;
- Spread of contagious diseases; and
- Most congested custodial facilities are in Urban Areas where population rates are High
Overcrowded Custodial Facilities
(CY 2018 January to November 30, 2018)
|UNIT/OFFICE||NO. OF CUSTODIAL FACILITIES||NO. OF CONGESTED CUSTODIAL FACILITIES||VARIANCE||RATE OF CONGESTION (%)|
- Numerous arrests due to implementation of Lambat Sibat (buy-bust operations, saturation drive, checkpoint, etc);
- Slow or delayed issuance of commitment order;
- Slow disposition of cases or protracted trials;
- Inadequate space of custodial facilities;
- Inability to post bail by the detainees, often due to excessive amount of bail;
- Lack of funds for the transfer of arrested suspects to the issuing court located outside their jurisdiction; and
- Lack of prosecutors to handle criminal complaints, particularly violations of RA 9165, referred to by the police for resolution
- Representation and collaboration with Supreme Court Administration re:
- Immediate issuance of commitment order;
- Speedy disposition of cases; and
- Utilization of release & recognizance for petty offenses
- Redeployment of police investigators to assist in the immediate
Filling of cases resulting from one time-big time police operations;
- Expand or build new custodial facilities;
- Allocate funds for the transfer of persons under custody;
- Conduct of training on proper handling of persons under custody;
- Adopt UN standards for custodial facilities;
- Segregation and confinement in appropriate hospital or medical facility of infected persons under custody;
- Encourage LGUs & DILG to fulfill their commitment in ensuring respect for human rights by fast tracking the donation of lots and release of counterpart funds for the construction of custodial facilities;
- Proactive partnership with LGUs & other pillars of the criminal justice system towards the decongestion of PNP custodial facilities by immediately transferring of persons under custody to BJMP detention facilities;
- Formulation of uniform policy providing for the system of accounting of persons under custody;
- Maintenance of official list of persons under custody;
- Immediate transfer of suspects to BJMP facilities after the inquest proceedings pending the resolution of the prosecutor;
- In addition to MCLE, the Supreme Court may Tap the services of new Bar passers/private lawyers to assist the courts and/or prosecutors in the drafting of case resolutions;
- Appointment of additional prosecutors and judges; and
- Involvement of the LGUs with technical assistance from the DOH, to attend to the health conditions of PUPCs
Multi-Sectoral Partnership and Cooperation
- Series of PNP-Civil Society Organization Forum on Rights-Based Policing. The forum which was conducted by the PNP-HRAO in partnership with the Hanns Seidel Foundation of Germany had the objectives to: Provide opportunities to discuss problems concerning Human Rights on the issues of Arrest, Use of Force, and Search Seizure; Person under Police Custody; and Fatal Shooting/Torture/Ill treatment; Identify administrative remedies to address the problems; Enhance understanding of Human Rights Issues and gaps; and Develop effective approaches in addressing human rights issues with the communities and CSOs.
- Participation in Congressional & Senate Hearings. HRAO was also instrumental in lobbying to Congress for the provision of meal allowance of Persons under Police Custody during Congressional/Senate Hearings. Moreover, HRAO has also brought to the attention of the Committee on Human Rights of the House of Representatives, through Representative CHERYL P. DELOSO-MONTALLA, deplorable state of custodial facilities in the country. Through this initiative, a Congressional Hearing was held on October 3, 2018 at the H.O.R. which was attended by the PNP and other government agencies to address the said issue and seek the Congress’ support for the passage of a Bill that will redefine the procedural process in committing arrested suspects to the BJMP Facilities in order to decongest our custodial facilities.
- Peaceful Conduct of the “2018 3rd State of the Nation Address (SONA) of the President” The deployment of Police Human Rights Officers, the crafting, reproduction, and dissemination of Human Rights Advisories on PNP Deployment to: 1) Crowd Control/Civil Disturbance Management Operations; and 2) Checkpoint during the 3rd State of the Nation Address (SONA) of PRESIDENT RODRIGO R DUTERTE on July 23, 2018, paved way for another historic milestone in the PNP since there were no cases of Human Rights Violation recorded against PNP personnel.
- Participation of the PNP in the 2018 National Human Rights Consciousness Week Celebration and the 70th Anniversary of the Universal Declaration of Human Rights. Pursuant to Republic Act (RA) No. 9201, otherwise known as the National Human Rights Consciousness Week Act of 2002, which declared December 4 to10 of every year as the National Human Rights Consciousness Week in the country, the Philippine National Police joined the Commission on Human Rights (CHR) and other government agencies in spearheading the weeklong celebration of the 2017 National Human Rights Consciousness Week (NHRCW) with the theme “The Philippines in the Observance of UDHR’s 70th Anniversary: Protecting Human Lives, Uplifting Human Dignity, and Advancing People’s Progress”.
Commitment for 2019:
- Strict adherence to the Human Rights-Based Policing which is the comprehensive, systematic, and institutional adherence to national or domestic laws on human rights; and compliance with international human rights principles, standards, and practices based on treaties, conventions, or protocols related to law enforcement and other police functions. The application of HRBP is done by adhering to PNP Police Operational Procedures (POP) and implementation of policies, programs, and projects related to the PNP Human Rights Development Program.
- Continuous conduct of Police Human Rights Officers Course. The “10-Day Police Human Rights Officers Course (PHROC)” aims to institutionalize a comprehensive education and training program for candidate Police Human Rights Officers (PHROs).The proposed course is designed to provide Police Human Rights Officers with the necessary knowledge, skills, attitude, and values related to Human Rights, International Humanitarian Law, Human Rights-Based Policing, and Human Rights Laws in the Philippines.
As target outcome, the PHROC seeks to create a “Pool of Competent and Eligible Police Human Rights Officers” that would enable them to: lead and manage PNP Human Rights Desks; address various human rights issues and concerns by internal/external stakeholders including alleged human rights violations; conduct seminars and activities related to Human Rights-Based Policing; and establish partnerships with various sectors involved in human rights promotion and protection. Further, the PHROC will be attended by two Police Human Rights Officers (One PCO and One PNCO) from the 18 PROs and the 5 Districts of NCRPO.
With the proposed Police Human Rights Officers Course, the PNP has tread one step forward to the ongoing thrust to strengthen the Human Rights Desks established in the National Operational Support Units (NOSUs), Police Regional Offices (PROs), Provincial and City Police Offices (P/CPOs), and City/Municipal Police Stations (C/MPS).The strengthening of the Human Rights Desks brings us closer to achieving human-rights based policing by developing and adopting proactive and practical measures to handle and monitor alleged violations of human rights at the local level where victims are able to report such cases at the first instance stations nationwide.
- Continuous Conduct of series of PNP-ICRC Workshop/Training on HR and IHL. The PNP through the Human Rights Affairs Office, with the support of the International Committee of the Red Cross (ICRC), will conduct series of training/workshop dubbed as “PNP-ICRC Workshop/Training on International Humanitarian Law”, which has the objectives to: a) Enhance the understanding of PNP officers on IHL and provide opportunity to discuss IHL issues relevant to the PNP SAF, RPSB, PPSC and CPSC; b) Increase the awareness about the mandate and activities of the ICRC and the Red Cross and Red Crescent Movement; c) Increase the networking of the ICRC and understanding of the situation in the areas of operational importance to the ICRC; and d) Raise awareness of international policing standards as relevant to the work of ICRC.
- Continuous conduct of Human Rights Refresher for Police Officers. The series of Human Rights Refresher Seminar has the objective to reorient our PNP personnel of the fundamentals of human rights, investigative procedures based on Philippine Laws and our Police Operational Procedures.
Continuous conduct of Community-Based Dialogue Sessions on Human Rights. The project primarily involves the conduct of a series of dialogue sessions in different areas nationwide. The dialogue sessions have the main goal of contributing to the improvement of the Human Rights situation in the Philippines primarily through the enhancement of the relationship between the security forces (AFP and PNP), on one hand, and local communities and civil society organizations, on the other hand, in the common effort to promote human rights.