Practice Relating to Rule 131. Treatment of Displaced Persons
The Philippines’ Executive Order No. 267 (2000), Constituting the Presidential Executive Task Force for Relief and Rehabilitation of Central Mindanao, states:
Whereas, there is a necessity to urgently respond to the more immediate and urgent needs of the displaced population affected by armed conflicts in evacuation centers and in other places;
Whereas, there is a need to coordinate the existing civil society, private sector inputs, and international assistance in evacuation centers;
Whereas, there is a need to advocate for the participation of the private sector, civil society, and international donors in the rehabilitation of Central Mindanao;
Now, Therefore, I, Joseph Ejercito Estrada, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the creation of the Presidential Executive Task Force for Relief and Rehabilitation of Central Mindanao.
Sub-Task Force 2: Meeting Minimum Basic Needs in Rehabilitation
Primary Task: In coordination with local chief executives, facilitate the development of an operational action plan to meet the immediate and urgent basic physical infrastructure needs of targeted communities; coordinate the efforts of agencies, NGOs, private sector in the provision of minimum basic needs of families and communities; facilitate the establishment/maintenance of needed social systems.
Sub-Task Force 4: Housing and Infrastructure Rehabilitation
: In coordination with local executives, facilitate the immediate development of a settlement plan, with priority construction of two types of housing, namely core shelters which are immediately needed by displaced returnees and socialized housing scheme[s]; coordinate with other agencies to facilitate the construction of other needed infrastructure, such as sewerage, etc.
The Philippines’ Executive Order No. 2 (2001), Creating an Interagency Committee for Relief, Rehabilitation and Development of Areas Affected by Armed Conflicts in Mindanao, states:
[T]he government [of the Philippines] is committed to ensure the safe return of families and individuals affected by armed conflicts to their communities of origin and assist them in rebuilding their shattered lives by addressing their basic needs.
SEC 1. Rehabilitation and Development. – The Bangsamoro Government with funding support from the National Government, shall intensify development efforts for the rehabilitation, reconstruction and development of the Bangsamoro Autonomous Region as part of the normalization process. It shall formulate and implement a program for rehabilitation and development that will address the needs of Moro Islamic Liberation Front/Bangsamoro Islamic Armed Force members and its decommissioned women auxiliary force, Moro National Liberation Front/Bangsamoro Armed Forces members, and address the needs of internally displaced persons, widows and orphans, and poverty-stricken communities. It shall observe, promote, and ensure gender-responsiveness in all aspects of security and peace building, including the participation of women in decision-making.
SEC 2. Special Development Fund
. – The National Government shall provide a special development fund to the Bangsamoro Government for the rebuilding, rehabilitation, and development of its conflict-affected communities.
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provide that “the government shall provide free transportation facilities to the evacuees during evacuation” and that “medicine and relief goods, whether coming from the government or non-government organisations, shall be given to the evacuees without delay”.
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provides:
Acts or threats of violence and various forms of inhuman treatment committed by the government forces, including para-military groups and other agents of authority, for the purpose of spreading terror among the evacuees are prohibited (Protocol II, Art. 13).
The Act on Child Protection (1992) of the Philippines provides:
All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict …
Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and be provided with facilities to lead a normal family life.
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provides: “In case of evacuations members of the same family must not be separated from each other.”
The Act on Child Protection (1992) of the Philippines provides:
Children should be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being …
In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever possible, children shall be given opportunities for physical exercise, sports and outdoor games.
In 1993, in its report to the Committee on the Rights of the Child, the Philippines stated:
202. [The Special Protection Act of the Philippines provides that] during any evacuation resulting from armed conflict, children are to be given priority … Measures shall be taken to ensure that children who are evacuated are accompanied by persons responsible for their safety and well-being. Whenever possible, members of the same family are to be housed in the same premises.
206. Children who are lost, abandoned or orphaned as a result of an armed conflict are referred to the local Council for the Protection of Children or to the Department of Social Welfare and Development. All efforts are undertaken to locate the child’s parents and relatives. Arrangements are made for the temporary care of the child by a licensed foster family or a child-caring agency.
In 1990, a number of government departments and NGOs in the Philippines signed a Memorandum of Agreement providing that an NGO medical team would be given access in order to ensure the delivery of health services to IDPs located in evacuation centres or in other areas where health resources were inadequate.
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provide:
Non-Government health workers (e.g. doctors, nurses, dentists, trained community health workers and volunteer relief workers) shall be permitted to go to evacuation centres to render medical/relief assistance to evacuees.