MALACANANG over the weekend released the implementing rules and regulations for the establishment and operations of the Inter-Agency Committee on International Humanitarian Law (IAC-IHL).
This is co-chaired by the Departments of National Defense (DND) and Foreign Affairs (DFA).
The IRR on Executive Order 77, which established the IAC-IHL, was approved and uploaded in the Official Gazette on April 11.
It details the functions and duties of the IAC-IHL, including the observance, promotion and monitoring of the country’s compliance and upholding of its commitment to the international conventions and treaties that it is party to.
The IAC-IHL shall also ensure that the actions, programs and decisions the country pursues are with integrity, transparency, full accountability and consistent with its national laws and policies with discrimination based on race, ethnicity, religion, nationality or any criteria to intersectionality and diversity; and reaffirms the primacy of peace, consistent with Section 2 of Article II of the Constitution where the Philippines renounced war as an instrument of national policy.
The committee shall also, in performing its functions, be guided by the fundamental principles of International Humanitarian Law, which include the principles of humanity, distinction, proportionality, military necessity, and precaution.
Its task include formulating and implementing year-round programs and activities for the promotion of IHL and other relevant treaties, international agreements, and other instruments to which the Philippines is a party, including commemoration of IHL Day every 12th day of August; studying and submitting recommendations to concerned government agencies regarding the effective implementation of and compliance with IHL; and monitor compliance of agencies with IHL and report violations thereof to relevant authorities.
It shall also coordinate and collaborate with concerned government agencies, as well as non-government organizations (NGOs), civil society groups, the academe, and other stakeholders, towards the promotion of and compliance with IHL’ serve as focal point for coordination and cooperation both within the Philippine government and with external partners on IHL promotion and compliance before, during and after wars or armed conflicts.
The IAC-IHL, apart from the DND and DFA, include the departments of the Interior and Local Government (DILG); Justice (DOJ); Social Welfare and Development (DSWD); Trade and Industry (DTI); and Health (DOH) as members.
The other committee members are the: Armed Forces of the Philippines (AFP); Philippine National Police (PNP); Philippine Coast Guard (PCG); National Commission on Indigenous Peoples; Commission on Higher Education (CHED); Office of the Presidential Adviser on Peace, Reconciliation and Unity (OPAPRU); and Presidential Human Rights Committee Secretariat.
The co-chairpersons and members of the IAC-IHL 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.
The IRR states that the DND and DFA shall form a joint secretariat that shall provide administrative and technical support to the IAC-IHL which include organizing and facilitating meeting coordination; record keeping; managing correspondence and communication among committee members; preparing periodic reports on activities, programs and outcomes of the committee; periodically evaluate the performance of the committee and identify areas for improvement, among others
The DND and DFA shall also form and co-chair a technical working group that shall, among others, provide strategic guidance and ensure that the group’s work aligns with the IAC-IHL’s priorities and oversee the preparation of reports and other documentations.
The TWG shall cover areas of education, training and advocacy; monitoring and reporting; IHL development on current and emerging issues; and inter-agency coordination and legal advisory.
CULTURAL, HERITAGE ACT
Malacanang also released a 100-page IRR for Republic Act 11961 or the National Cultural Heritage Act, which aims to harmonize and rationalize the implementation of various laws, regulations and agreements that relate to cultural heritage and the maintenance of Filipino identity.
This includes the protection, preservation, conservation and promotion or the property and histories, and the identities of local communities; the establishment and strengthening of cultural institutions; and protecting cultural workers and ensuring their professional development and well-being.
It also affirmed the states commitment to “create a balanced atmosphere where the historic past co-exists in harmony with modern society” as well as “administer the heritage resources in a spirit of stewardship for the inspiration and benefit of the present and future generations.”
The IRR also provides the penalties for different offenses that may lead to the destruction, demolition, mutilation, damages or alterations to any world heritage site, national cultural treasures, important cultural property and archaeological and anthropological sites, landmarks, historical edifices and national shrines, including those that may result from real estate developments; the importation, exporting, selling, distribution of stolen or lost cultural property; illegal acts in protected acts; counterfeiting and art forgery, among others.
Penalties range from a fine of not less than P10,000 to P500,000, and imprisonment from six months to 40 years, depending on the crime.
