PNP HUMAN RIGHTS AFFAIRS OFFICE
HUMAN RIGHTS-BASED POLICING PROGRAMS
(January to December 20, 2017)
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.
II. SIGNIFICANT ACCOMPLISHMENTS
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, 2017 to December 20, 2017.
Institutional Policy Development
- Gold Eagle Awardee: Successfully Passed the Proficiency Stage of the Performance Governance System-PNP P.A.T.R.O.L. Plan 2030. The Performance Governance System (PGS) otherwise known as the Police Agenda for Transformation and Upholding the Rule of Law (P.A.T.R.O.L. Plan 2030) acknowledges and highlights the importance of human rights-based policing in ongoing reforms in the Philippine National Police.
Under the helm of PCSUPT SIERVO, HRAO passed the PNP Unit Revalida for the Certification on Proficiency Stage on April 5, 2017 at the Center for Police Strategy Management, Camp Crame, Quezon City, for having demonstrated commitment in effectively implementing the PNP P.A.T.R.O.L Plan 2030 to attain the vision for a highly capable, effective, and credible police service. HRAO was subsequently conferred with the PGS Proficiency Status in the awarding ceremony held on October 23, 2017 during the Monday Flag Raising Ceremony in front of the NHQ, Camp Crame, Quezon City. HRAO also achieved the highest coveted award and the lone awardee for the “Gold Eagle Award” among the six unit awardees.
- 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:
- Human Rights Advisory for Officers Implementing Warrant of Arrest;
- Human Rights Advisory for PNP Personnel Conducting Civil Disturbance Management;
- Human Rights Advisory for Police Officers Implementing Search Warrant;
- Human Rights Advisory for PNP Personnel Manning Custodial/Detention Facilities;
- Human rights Advisory for Police Officers Conducting Custodial Investigation;
- Human Rights Advisory for PNP Personnel Conducting Checkpoints;
- Human Rights Desk Basic Procedure in Receiving Complaint;
- Human Rights Advisory on PNP Deployment to Polling Precincts & Performance of other Election-Related Duties;
- Human Rights Advisory in dealing with Muslims;
- Reiteration on the Strict Observance of Human Rights-Based Policing & Police Operational Procedures during the Conduct of PNP Anti-Illegal Drugs Campaign;
- Policy on the Prohibition of unauthorized release of information to the public/media pertaining to AO 35 cases;
- Policy on the Reporting of Human Rights Violation thru Text, Spot Report and Monthly Report to HRAO;
- Policy on the Coordination with All Government Agencies in the conduct of Human Rights and IHL Dialogues, meetings, and similar activities;
- Policy on the Coordination with CSOs/NGO in the Conduct of HR and IHL Trainings; and
- Policy on the Strict Adherence to the Prohibition on the Blind-Folding of Suspects under Police Custody and Non-Presentation of Suspect/s to the Media
- Campaign for the mandatory use of visibility enhancer vests for Police Human Rights Officers (PHROs).
The PNP-HRAO was instrumental in the crafting and approval of the PNP Uniform and Equipment Standardization Board (UESB) Resolution No. 2017-005, which “Proposed Standard Specifications of Visibility Enhancer Vest for Police Human Rights Officers.” The vests provide citizens with clear visual markers to identify PHROs during law enforcement operations, including those conducted as part of the anti-illegal drug campaign.
- Capability Building
1. Conducted the 1st Police Human Rights Officers Course (PHROC). The 1st ever Police Human Rights Officers Course was conducted from November 6 to 24, 2017 at the PNP Training Service and was participated by 43 Police Commissioned Officers from the 17 Police Regional Offices. Out of the 43 participants, there were only 38 PCOs who passed the PHROC.
The PHROC, which will be conducted twice yearly, aims 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. 2. Conducted 1st Leg and 2nd Legs of the 2017 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 Refresher Training for Investigators and Custodial Officers. The series of Human Rights Refresher Training for Investigators and Custodial Officers had the objective to reorient our police investigators and custodial officers of the fundamentals of human rights, investigative procedures based on Philippine Laws and our Police Operational Procedures.
From January to June 2017, a total of 28 Human Rights Refresher Training for Investigators and Custodial Officers were conducted with a total of 740 PNP Participants:
4. Conducted Top Level Forum & Workshop on International Law Enforcement Standards for Senior Police Officers in partnership with the International Committee of the Red Cross for 27 Senior Police Commissioned Officers with the ranks of PCSUPT and PSSUPT from selected Directorates/PROs/Units from March 14 to 16, 2017 at Henann Resort Alona Beach, Alona Beach Road, Panglao Island, Bohol. 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
1. Inspection of custodial facilities. This is a regular activity of the 18 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.
2. From January to December 2017, a total of 1,600 custodial facility inspection were conducted with a total of 4,436 persons under police custody 3,864 males, 571 females and 1 minor.
3. Findings of the Inspections
- Congested male custodial facility
- Unsanitary conditions of custodial facilities
- LGBT (Gay) under custody inside 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
- No clear, specific and uniform policy providing for the system of accounting persons under custody
4. Overcrowded Custodial Facilities
(CY 2017 January to November 30, 2017)
|UNIT/OFFICE||NO. OF CUSTODIAL FACILITIES||NO. OF CONGESTED CUSTODIAL FACILITIES||VARIANCE||PERCENTAGE|
- 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; and
- Lack of funds for the transfer of arrested suspects to the issuing court located outside their jurisdiction
- 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
6. Human Rights Violation Cases Monitored
Multi-Sectoral Partnership and Cooperation
1. Universal Periodic Review (UPR) of the Philippines
Participated in the Third Cycle of the Universal Periodic Review (UPR) of the Philippines by the United Nations Human Rights Council in Geneva, Switzerland on May 5 to 12, 2017, again as the official and lone representative of the PNP in the 16-man Philippine Delegation led by Senator Alan Peter Cayetano and Senior Deputy Executive Secretary Menardo Guevarra, which presented the human rights-based development program of the country.
2. Meeting with the European Union (EU) together with some members of the Philippine Delegation on May 12, 2017 in Brussels, Belgium. The meeting which paved way for PCSUPT SIERVO to gather support on behalf of the PNP in the capacity building/development of PNP Personnel on human rights. Further, it changed the wrong perception of the EU in the Anti-Illegal Drugs Campaign waged by the Philippine Government against drug syndicates/organized drug group. The European Union also pledged to help in building half-way houses or temporary residence for rehabilitation of patients.
3. Launching of “PNP Know Your Rights” Mobile Application. The launching of the “Philippine National Police (PNP) Know Your Rights” Mobile application was held on December 4, 2017 at the PNP HRAO Conference Room, Legal Service Bldg., Camp BGen Rafael T Crame, Quezon City during a press briefing conducted by the undersigned. The press briefing was attended by media personnel from the ABS-CBN, GMA 7, CNN, TV 5, and other media organizations and PCOs from PNP DICTM.
Through the “PNP Know Your Rights” Mobile Application, which can be downloaded free of charge from the Google Play Store by android mobile device users, all Human Rights Advisories/Policies crafted by the PNP, including the contents of the New Miranda Warning Pocket Card with Anti-Torture Reminders, can be stored in all android smart phones. Once stored, the mobile application can be accessed anytime by our Police Personnel even without internet connectivity, most especially, by our field officers engaged in the intensified anti-criminality campaign who are in far-flung areas. Thus, it equips PNP personnel with the right information and/or materials with which to advise citizens or persons placed under police custody of their rights under the law.
The members of the community can also install/download the mobile application in their smart phones, for easy access to the said human rights advisories/policies which provide them information on their fundamental rights as citizens and basic information on police operational procedures and rules of engagement.
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. Participation of the PNP in the 2017 National Human Rights Consciousness Week Celebration and the 69th 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 “Stand up for someone’s right today”.
6. From January 1, 2017 to December 2017, HRAO actively participated in 335 different trust-building activities, Congressional & Senate Hearings, and other multi-sectoral events related to the promotion and protection of human rights and international humanitarian law.
Commitment for 2018:
- 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 “2018 PNP-ICRC Workshop/Training on Human Rights and 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.