Full TEXT:

ORDINANCE NO. 2024-024

AN ORDINANCE CREATING THE NAGA CITY HUMAN RIGHTS ACTION CENTER (NCHRAC) UNDER THE OFFICE OF THE CITY MAYOR AND DEFINING ITS POWERS AND FUNCTIONS:-

Sponsor: Hon. Jessie R. Albeus, DMD

EXPLANATORY NOTE

WHEREAS, Human Rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the rights to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education and many more. They cover civil, political, economic, social, cultural, and people’s rights.

WHEREAS, Article II, Section 11 of the 1987 Constitution, provides that the State values the dignity of every person and guarantees full respect for human rights.

WHEREAS, the Committee on Human Rights of the Sangguniang Panlungsod is mandated to develop local policies and legislations to address issues on human rights, the rule of law, and access to justice.

WHEREAS, Joint Memorandum Circular No. 1 Series of 2014, dated December 16, 2014, of the Department of Interior and Local Government and the Commission on Human Rights mandate the creation of the Human Rights Action Center and Rule of Law (HRAC and ROL) to widen the democratic space of civil society organizations/people’s organization/non-government organization to be part of the local governance.

WHEREAS, in strengthening the Human Rights Action Center and Rule of Law (HRAC and ROL) strategy of the Commission on Human Rights (CHR) and the Department of Interior and Local Government (DILG), there is a need to ensure the accountability of local authorities in the promotion, protection and full realization of all human rights, and in instilling greater public awareness on Human Rights.

WHEREAS, the said action center shall address the issues and concerns of human rights, the rule of law, and access to justice at the grassroots level.

NOW, THEREFORE, be it ordained by the City Council of Naga City in regular session assembled:

SECTION 1. TITLE. There is hereby created a “Naga City Human Rights Action Center (NCHRAC) under the Office of the City Mayor in coordination with the Commission on Human Rights (CHR), Department of the Interior and Local Government (DILG), various associations and leagues of local government functionaries. The HRAC shall be stationed at the Office of the City Legal Officer in consonance with the Joint Memorandum Circular no. 1 under Section B.

SECTION 2. COMPOSITION. The Naga City Human Rights Action Team (NCHRACT) shall be composed of the following, in consonance with Section. C of the Joint Memorandum Circular No. 1 s. 2014, to wit:

2.1 City Administrator as Chairperson;

2.2 City Legal Officer as Co-Chairperson;

2.3 City Council Chairman for Committee on Human Rights as Co-Chairperson;

2.4 Members:

(1) City Social Welfare Development Officer (CSWDO);

(2) City Planning and Development Officer (CPDO);

(3) City Health Officer (CHO);

(4) City Environmental and Natural Resources Officer (CENRO);

(5) City Events Protocol and Public Information Office, Head (CEPPIO);

(6) City Sanggunian Secretary;

(7) Naga City Philippine National Police (PNP) Human Rights Affairs Officer;

(8) City Barangay Human Rights Action Officer (BHRAO) Association President;

(9) At least three (3) to five (5) representatives from the Civil Society Organizations/ Non-Government Organizations/ People’s Organizations;

SECTION 3. DUTIES AND RESPONSIBILITIES OF NAGA CITY HUMAN RIGHTS ACTION TEAM (NCHRACT).

The Naga City Human Rights Action Team (NCHRACT) shall have the following duties and responsibilities:

3.1 Develop and implement the Human Rights Plan of the Naga City Government;

3.2 Propose to the Sanggunian the integration of human rights programs, projects, and activities in the annual budget appropriation;

3.3 Recommend appropriate legislation to the Human Rights Committee of the Sanggunian;

3.4 Utilize available resources for human rights promotion activities;

3.5 Spearhead and coordinate the implementation of human rights programs, projects, and activities;

3.6 Serve as hubs for Access to Justice Network;

3.7 Posting of human rights programs, projects, and activities on the websites, bulletin boards, and newsletters of the Naga City Government;

3.8 Provide legal and/or paralegal assistance to victims of human rights violations;

3.9 Encourage participation of Naga City Government Officials and Civil Society Organizations in human rights promotion activities;

3.10 Mobilize sectoral groups, locally-based people’s organizations, and civil society organizations in the community to participate in human rights activities;

3.11 Publish feature articles on various human rights concerns and issues on the websites, bulletin boards, and newsletters of the Naga City Government.

3.12 Reproduce and disseminate Human Rights Information, Education, and Communication (IBC) materials within the Naga City Government;

3.13 Serve as information centers on Human Rights Programs and Services, including referral systems within the Naga City Government;

3.14 Maintain and update the Directory of Human Rights Programs and Services within the Naga City Government;

3.15 Organize the Association of Human Rights Action Officers (HRAOS) at the City level and support their operations;

3.16 Strengthen linkages with the regional/field offices of the Commission on Human Rights (CHR), Department of the Interior and Local Government (DILG), other human rights service providers, and Civil Society Organizations in the implementation of the human rights programs, projects, and activities;

3.17 Organize capacity-building on human rights of all Naga City Government Officials in close coordination with regional/field offices of the Commission on Human Rights (CHR) and the Department of Interior and Local Government (DILG);

3.18 Establish and maintain a database of human rights situationers including monitoring the status of complaints of human rights violations referred to the Commission on Human Rights (CHR) Regional Offices and other appropriate agencies.

3.19 Provide technical inputs on human rights to the Naga City Human Rights Committees;

3.20 Consolidate Semestral Human Rights Situationers Reports submitted by the Barangay Human Rights Action Teams (BHRACTs) and submit the same to the Provincial Human Rights Action Teams (PHRACTs), and have them published in the city websites, newsletters, and bulletin boards. The Naga City Human Rights Action Team (NCHRACT) shall submit these reports to the Commission on Human Rights (CHR) and the Department of the Interior and Local Government (DILG) Regional Offices;

3.21 Assist the Barangay Human Rights Action Teams (BHRACTS) in the referral of complaints of human rights violations to the Commission on Human Rights (CHR) Regional Offices and other appropriate agencies, and monitor the status thereof; and 3.22 Assist the Barangay Human Rights Action Teams (BHRACTS) in conducting human rights advocacy, information, and educational activities.

SECTION 4. IMPLEMENTING RULES AND GUIDELINES. In addition to the provisions enshrined under Article 2, Section 11 of the 1987 Constitution and Section 50 (b) (1) of the 1991 Local Government Code, which highlights “the dignity of every human person and full respect for human rights,” along with the necessity of mainstreaming human rights through the rule of law and access to justice within the Local Government Units, matters not defined herein, particularly the implementing rules and guidelines, shall be governed by the provisions adopted in Joint Memorandum Circular No. 1 s.2014 that was issued by the Commission on Human Rights (CHR) and the Department of the Interior and Local Government (DILG) dated December 16, 2014, and which form an integral part of this Ordinance.

SECTION 5. EFFECTIVITY. This Ordinance shall take effect immediately upon its approval.

ENACTED: March 22, 2024.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

CECILIA B. VELUZ-DE ASIS City Vice Mayor & Presiding Officer

GIL A. DE LA TORRE Secretary to the Sangguniang Panlungsod

APPROVED:

NELSON S. LEGACION City Mayor

JOINT MEMORANDUM CIRCULAR NO. 1. s. 2014

Date: December 16, 2014

TO: ALL PROVINCIAL GOVERNORS, CITY AND MUNICIPAL MAYORS, PUNONG BARANGAYS, DILG REGIONAL DIRECTORS AND FIELD OFFICERS, THE ARMM REGIONAL GOVERNOR AND DILG REGIONAL SECRETARY, CHR REGIONAL DIRECTORS AND OTHERS CONCERNED

SUBJECT: MAINSTREAMING HUMAN RIGHTS THROUGH RULE OF LAW AND ACCESS TO JUSTICE AT THE LEVEL OF PROVINCES, CITIES, MUNICIPALITIES AND BARANGAYS

I. PREFATORY STATEMENT

Human Rights are the supreme, inherent and inalienable rights to life, dignity and self-development. It is the essence of these rights that makes man human. They cover civil, political, economic, social and cultural rights and peoples’ rights.

Article II, Section 11 of the 1987 Philippine Constitution provides that “(t)he State values the dignity of every human person and guarantees full respect for human rights”.

Per Section 50 (b) (1) of the Local Government Code, the local government units at the level of provinces, cities, municipalities and barangays are mandated to create a Human Rights Committee (HRC) as one of the standing committees of their respective Sanggunian. The HRCs are mandated to develop local policies and legislations that will address issues on human rights, rule of law and access to justice.

In pursuance of the above legal mandates, the Commission on Human Rights (CHR) designed the Barangay Human Rights Action Center (BHRAC). As one of the barangay-based institutions (BBIs), BHRAC aims to empower the ordinary citizens to take the lead in the promotion and protection of human rights at the barangay level. The Barangay Human Rights Action Officer (BHRAO) operates the BHRAC.

Recent laws, such as the following, mandate the BHRACs to undertake particular roles in the promotion and protection of human rights at the grassroots, to wit:

Sec. 18 (f) (iv) IRR of RA 9208 Anti-Trafficking in Persons Act of 2003

Sec. 40 B IRR of RA 9710 Magna Carta of Women of 2009

Sec. 18 IRR of RA 9745 Anti-Torture Act of 2009

Sec. 61 (a) (6) IRR of RA 9262 Anti-Violence on Women and their Children Act of 2004

Furthermore, to address the issues/concerns on human rights, rule of law and access to justice at the grassroots level, the CHR and the DILG are strengthening the BHRACs through the Human Rights Action Center and Rule of Law (HRAC & RoL) strategy. The HRAC & RoL widens the democratic space for civil society organizations/people’s organizations/non-government organizations to be part of local governance. Also, it aims to organize Human Rights Action Teams (HRACTs) at the provincial, city, municipal and barangay levels to ensure the mainstreaming of human rights, rule of law and access to justice in local governance; integration of human rights and access to justice principles in local legislative and executive actions; ensuring the accountability of local authorities in the promotion, protection and full realization of all human rights; and instilling greater public awareness on human rights.

II. GUIDELINES

A. The Human Rights Committees (HRCs) in the Provinces, Cities, Municipalities and Barangays and their Duties.

The following are the duties of HRCs:

a. Propose to and work for the passage of legislations by the Sanggunian that will protect, promote and fulfill human rights, which includes the establishment of the local Human Rights Action Center (HRAC).

b. Ensure the inclusion of human rights programs, projects and activities in the annual budget appropriation of the LGUs.

c. Coordinate with the CHR and DILG Central or Regional/Field Offices on human rights legislations.

d. Undergo Capacity Building on Human Rights and Rights-Based Legislation.

B. Establishment of Human Rights Action Centers (HRACS)

The HRAC shall be established in every province, city, municipality and barangay. The HRAC is a unit that acts on human rights matters, including human rights promotion and complaints of human rights violations. Thus, it is a mechanism that ensures the performance of LGUs of their mandated duties to respect, protect and fulfill human rights within their jurisdiction. It shall be stationed at the Office of the Legal Officer. In municipalities where there are no local legal officers, it shall be stationed at the Municipal Social Welfare and Development Office (MSWDO). The Human Rights Action Team operates the HRAC.

C. Creation of Human Rights Action Teams (HRACTs)

An HRACT shall be created at each Provincial, City and Municipal LGU. The HRACT shall ensure that the LGU’s offices operate in a human rights-based manner. Along this line, they shall undergo capacitation on human rights-based local services delivery and governance.

1. Composition of the HRACT at the Province, City and Municipal Levels

The Human Rights Action Team (HRACT) for each province, city and municipality shall be composed of the following:

a. Administrator as Chairperson;

b. Local Legal Officer as Co-Chairperson;

c. Members:

(1) Local Social Welfare and Development Officer

(2) Local Planning and Development Coordinator

(3) Local Health Officer

(4) Local Information Officer

(5) PNP Human Rights Affairs Officer

(6) School Division Superintendent (for Provinces), School City Superintendent (for Cities) and School District Supervisor (for Municipalities)

(7) BHRAO Association President at the level of Provincial, City and Municipality; and,

(8) At least one (1) representative from Civil Society Organizations/ Non-Government Organizations/ People’s Organizations that advocate human rights.

In municipalities where there are no local Administrators and/or local Legal Officers, the HRACT shall be chaired by the Municipal Social Welfare and Development Officer (MSWDO).

2. Duties Common to all the HRACTs in the LGUs

a. Develop and implement the human rights plan of the local government unit;

b. Propose to the Sanggunian the integration of human rights programs, projects and activities in the annual budget appropriation;

c. Recommend appropriate legislations to the Human Rights Committee of the Sanggunian;

d. Utilize available resources for human rights promotion activities at their respective LGU levels;

e. Spearhead and coordinate the implementation of human rights programs, projects and activities;

f. Serve as hubs for Access to Justice Network;

g. Posting of Human Rights Programs, Projects and Activities by the respective LGUs in their communication tools such as websites, bulletin boards and newsletters;

h. Provide legal and/or paralegal assistance to victims of human rights violations;

i. Encourage participation of local government officials and CSOs in human rights promotion activities;

j. Mobilize sectoral groups and locally-based people’s organizations and civil society organizations in the community to participate in human rights activities;

k. Publish feature articles on various human rights concerns and issues in local government websites, newsletters and bulletin boards.

l. Reproduce and disseminate Human Rights Information, Education and Communication (IEC) materials within their respective LGU levels.

m. Serve as information centers on Human Rights Programs and Services, including referral systems within their respective LGU levels.

n. Maintain and update the Directory of Human Rights Programs and Services within their respective LGU levels;

o. Organize the association of HRAOs at the Municipal, City and Provincial levels and support their operations;

p. Strengthen linkages with the regional/field offices of CHR and DILG, other human rights service providers and Civil Society Organizations in the implementation of human rights programs, projects and activities;

q. Organize capacity-building on human rights of all LGU officials in close coordination with regional/field offices of CHR and DILG; and

r. Establish and maintain a database of human rights situationers including the monitoring of status of complaints of human rights violations referred to CHR Regional Offices and other appropriate agencies; and,

s. Provide CHR with copies of its plans, accomplishments reports, situationers, and other pertinent documents on human rights.

3. Specific Duties of Provincial Human Rights Action Teams (PHRACTs)

a. Provide technical inputs on human rights to the Provincial Human Rights Committee.

b. Consolidate Semestral Human Rights Situationer Reports submitted by the MHRACTs and CHRACTs, and submit the same to the CHR and DILG Regional Offices, and have it published in the provincial websites, newsletters and bulletin boards.

c. Assist the BHRACTs in the referral of complaints of human rights violations to CHR Regional Offices and other appropriate agencies and monitoring their status thereof,

d. Assist the BHRACTs in the conduct of human rights advocacy, information and education activities.

4. Specific Duties and Responsibilities of City and Municipal Human Rights Action Teams (C/MHRACTs)

a. Provide technical inputs on human rights to the City and Municipal Human Rights Committees;

b. Consolidate Semestral Human Rights Situationer Reports submitted by the BHRACTs and submit the same to the PHRACTs and have it published in the municipal and city websites, newsletters and bulletin boards. In the case of Highly Urbanized Cities (HUCs), the CHRACT shall submit these reports to the CHR and DILG Regional Offices;

c. Assist the BHRACTs in referral of complaints of human rights violations to CHR Regional Offices and other appropriate agencies and monitoring their status thereof; and

d. Assist the BHRACTs in the conduct of human rights advocacy, information and education activities.

5. Creation of HRACT Secretariat at the Provincial, City and Municipal Levels

A HRACT secretariat shall be created at the provincial, city and municipal levels and shall be lodged where the HRACT Chairperson is holding office. The secretariat shall be composed of the representative from the Offices of the Local Administrator, Local Planning and Development Coordinator and Local Social Welfare Development Officer. In municipalities where there are no local administrators, the HRACT Secretariat shall be composed of the representative from the Offices of the Social Welfare and Development Officer and Planning and Development Coordinator.

5.1. Duties and responsibilities of the P/C/MHRACT Secretariat

a. Receive, consolidate and prepare Annual Human Rights Situationer Report submitted by the BHRACT (in case of city and municipality) or the C/MHRACT (in case of the province);

b. Prepare minutes of the meeting;

c. Assist in coordinating human rights matters with concerned agencies;

d. Establish and maintain database of Human Rights reports;

e. Maintain and update a directory of HRACTs within its jurisdiction;

f. Facilitate the administrative concerns of the HRACT; and g. Prepare updates on the complaints received and referred by BHRACT.

6. Composition of the HRACT at the Barangay Level

The HRAC at the barangay level is called Barangay Human Rights Action Center (BHRAC). It is manned by the Barangay Human Rights Action Team (BHRACT) that consists of the following:

a. Barangay Human Rights Committee Chairperson as Chair

b. Members:

(1) Barangay Secretary,

(2) Barangay Chief Tanod;

(3) Barangay Health Worker;

(4) Police Officer assigned in the barangay;

(5) Barangay VAW Desk;

(6) One (1) representative of the Barangay Council for the Protection of Children;

(7) One (1) representative of the Lupong Tagapamayapa;

(8) One (1) representative of the Barangay Peace and Order Committee;

(9) The Principal from public or private school;

(10) Barangay Social Welfare and Development Officer (LSWDO), where applicable; and,

(11) At least one (1) representative of Civil Society Organizations/ Non-Government Organizations/ People’s Organizations

For barangays that have chosen BHRAOs thru the barangay assembly mode prior to the taking of effect of this JMC, there shall be a transition period where the said BHRAOs shall finish their five-year term. These BHRAOs shall serve as Co-Chair of the BHRACT until the expiration of their term.

7. Specific Duties and Responsibilities of the Barangay Human Rights Action Team (BHRACT)

a. Consolidate human rights reports from both barangay-based institutions (e.g. Lupong Tagapamayapa, VAW Desks, BCPC, etc.) and non-government entities (e.g. sectoral CSOs and purok leaders) in the community;

b. Submit semestral Barangay Human Rights Situationer Reports to MHRACTs or CHRACTs; and

c. Receive complaints of human rights violations and refer the same to the nearest CHR Regional Offices and other appropriate agencies copy furnished the P/C/MHRACTs and monitor the status thereof.

III. INSTITUTIONAL ARRANGEMENTS

1. Department of the Interior and Local Government (DILG)

a. Formulate the DILG human rights development program to strengthen the mainstreaming of human rights in all programs, projects and activities of DILG;

b. Integrate human rights, access to justice and rule of law in the capacity building of elected and appointed officials at the provincial, city, municipal and barangay levels;

c. Provide technical support in the development and implementation of the human rights programs, projects and activities of all local government units;

d. Jointly organize with CHR the capacity-building of all LGU officials on human rights, access to justice and rule of law;

e. Support the establishment and operations of the Human Rights Action Centers (HRACs) and the capacity building of the Human Rights Action Teams (HRACTs) of all LGUs;

f. Jointly develop with CHR the functionality indicators of the Provincial/City/Municipal/Barangay HRACTs and use that in monitoring the same;

g. Jointly develop with the CHR monitoring tools to be used by HRACTS in assessing the human rights situation of their respective localities;

h. In partnership with CHR, develop and integrate human rights indicators in the evaluation mechanisms of performance of LGUs such as the Seal of Good Local Governance, Local Governance Performance Management System and others;

i. Provide technical support to the HRACTs in the conduct of human rights information, education and advocacy activities;

j. Support the HRAcTs in organizing the association of HRAOs at the municipal, city and provincial level; and

k. Jointly organize with the CHR the association of HRAOs at the regional and national level

2. Commission on Human Rights (CHR)

a. Develop information, education and communication IEC) materials and standard training modules on human rights, access to justice and rule of law that can be reproduced and disseminated by HRAcTs at all levels of local government units;

b. Develop human rights indicators that will be integrated in the evaluation mechanisms of performance of local government units such as Seal of Good Local Governance and others;

c. Assist the DILG in providing technical support in the development and implementation of the human rights programs, projects and activities of all local government units;

d. Support for the establishment and operations of the Human Rights Action Centers (HRACs) and the capacity building of the HRACTs at all LGUs;

e. Jointly develop with DILG the functionality indicators of the Regional/City/Municipal/Barangay HRAcTs and monitor the same;

f. Jointly develop with the DILG the monitoring tools to be used by HRACTs in assessing the human rights situation of their respective locality and monitor the same;

g. Recommend to the national government effective measures/policies to further promote human rights based on the consolidated human rights situationer;

h. Jointly organize with the DILG the association of HRAOs at the regional and national level;

i. Jointly organize with the DILG the capacity-building activities for all LGU officials on human rights, access to justice and rule of law; and

j. Assist the DILG in organizing the association of HRAOs at the municipal, city and provincial level.

3. Local Government Units (LGUs)

a. Ensure the inclusion of human rights, rule of law and access to justice in program, projects and activities in their annual operation plans of their respective local government units;

b. Support for the capacity-building of all local government officials on human rights, rule of law and access to justice;

c. Support for the establishment and operations of the HRACs and the capacity building of their respective HRAcTs in partnership with CHR and DILG;

d. Include and highlight human rights initiatives and good practices in their regular accomplishment reports;

e. Taking of effective legislative and/or executive action/response on human rights concerns and issues on the basis of their Local Human Rights Situationer Reports; and

f. Support their local HRACTs in organizing the associations of HRAOS at all LGU levels.

III. MONITORING AND REPORTING OF HRCS AND HRACTS

All DILG regional offices shall submit semestrally to the Office of the Secretary through the National Barangay Operations Office (NBOO) the following:

i. Regional human rights situationer reports;

ii. Updated list of barangays, municipalities, cities and provinces that has functional human rights committees and HRAcTs; and,

iii. Updated list of members of human rights committees and HRAcTs and other local government officials trained in human rights, rule of law and access to justice.

Likewise, all CHR regional offices shall submit the same reports to the BHRAC National Program Secretariat. The consolidated reports will serve as the bases of the National Human Rights Situationer Report.

All CHR Regional Directors and DILG Regional Directors are directed to cause the widest dissemination of this Joint MC and in case of the latter, ensure that LGOOS assist the chief executives and members of legislative bodies in all levels of local government in implementing this guidelines.

IV. REPEALING CLAUSE

All past issuances inconsistent with this Joint Memorandum Circular are hereby repealed.

For the guidance and compliance of all concerned.

LORETTA ANN P. ROSALES Chairperson, CHR

MAR ROXAS Secretary, DILG