- Written by Hershey B Nagrampa
- Category: 2019 Accomplishments
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PNP HUMAN RIGHTS AFFAIRS OFFICE
HUMAN RIGHTS-BASED POLICING PROGRAMS
(January 1, 2019 to December 31, 2019)
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 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:
- HRAO Clearance and collaboration on the conduct of HR and IHL trainings;
- Clearance on the release of copies of documents relative to the Alleged HRVs and Other Related Case Committed by PNP Personnel
- One-day Police Investigators Seminar on International Humanitarian Law (IHL) for 32 police investigators of PRO 7 held on August 14, 2019 from 8:00 AM to 5:00 PM at Visioner’s Lounge, Negros Oriental Convention Center, Dumaguete City. The seminar had the objective to: a) Enhance the knowledge of PNP Investigator’s in distinguishing the legal framework in the various investigations that they undertake; b) strengthen the PNP officer’s knowledge on applying IHL in their decision-making processes when they are involved in the conduct of investigation; and c) discuss local legislations concerning IHL so that they can correlate it with the role they play in law enforcement while playing active support role in the conduct of hostilities.
- 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.
- Series of Human Rights Refresher (Deepening) Seminar/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.
- Conducted ICRC-IHL Instructors Course on International Humanitarian Law. 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 “ICRC-IHL Instructors Course on International Humanitarian Law”.
- 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.
- 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 25 Senior Police Commissioned Officers with the ranks of PCSUPT and PSSUPT from selected Directorates/PROs/Units from March 5-6, 2019 at Marco Polo Plaza, Veterans Drive, Nivel Hills, Cebu City. The Forum aimed to:
- 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.
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;
- Most congested custodial facilities are in Urban Areas where population rates are High; and
- The custodial officers are not implementing the visitation schedules of PUPCs as mandated in PNP MC 2018-027 (Guidelines and Procedures in the Management and Supervision of all PNP Custodial Facilities and Persons Under PNP Custody.
Factors of Congestion/Overcrowding:
- 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
Multi-Sectoral Partnership and Cooperation
1. TWG Meetings for the Development of a Manual on International Humanitarian Law (IHL). Series of TWG Meetings, which started on February 4, 2019, are being undertaken by concerned government and non-government organizations for the crafting of IHL Manual which aims to serve as reference material for the use in training of judges, prosecutors, public attorneys, human rights officers and law enforcers in the proper interpretation and application of the provisions of Republic Act (RA) No. 9851 or the Philippine Act on Crimes Against IHL, Genocide, and Other Crimes Against Humanity. The project is spearheaded the Philippine Judicial Academy of the Supreme Court in partnership with the International Committee of the Red Cross.
2. TWG Meetings of the Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC) for the enhancement of the Implementing Rules and Regulations of RA 11188. Series of Technical Working Group Meetings were undertaken by the Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC), composed of representatives from the Department of Justice, Armed Forces of the Philippines, Department of Education; National Commission on Indigenous Peoples; Department of Foreign Affairs; Presidential Committee on Human Rights; Philippine National Police; and other government and non-government organizations, tasked to enhance the Rules and Regulations Implementing Republic Act No. 11188, otherwise known, as “THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED CONFLICT ACT”.
3. Peaceful Conduct of the “2019 State of the Nation Address (SONA) of the President” The deployment of Police Human Right s 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 State of the Nation Address (SONA) of PRESIDENT RODRIGO R DUTERTE on July 22, 2019, paved way for another historic milestone in the PNP since there were no cases of Human Rights Violation recorded against PNP personnel.
4. 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.
5. From January to November 2019, A total of 86 PNP-Civil Society Organization Forum on Rights-Based Policing were conducted with a total of 3,036 attendees from the PNP, CSO, and concerned government agencies.
Commitment for 2020:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.