Creating a Committee on Human Rights and International Humanitarian Law

July 9, 2010

SUPREME COURT MEMORANDUM ORDER NO. 33-10

CREATING A COMMITTEE ON HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW

WHEREAS, the Philippines adopts the generally accepted principles of international law as part of the law of the land, including the Hague Conventions of 1907 and the Geneva Conventions on the protection of victims of war and international humanitarian law, as part of the law of our nation;

WHEREAS, it is both the power and the mandate of the Supreme Court under the Constitution to promulgate rules concerning the protection and enforcement of constitutional rights and legal assistance to the underprivileged;

WHEREAS, the Supreme Court is both the bulwark of democracy, protector of the rule of law and sentinel of rights;

WHEREAS, the International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusive humanitarian mission is to protect the lives and dignity of the victims of armed conflict and other situations of violence, and to provide them with assistance;

WHEREAS, the ICRC also endeavors to prevent suffering by promoting and strengthening international humanitarian law;

WHEREAS, among the common areas of concern of the Supreme Court and the ICRC are (1) safeguarding the constitutional rights of persons subjected to criminal proceedings, extrajudicial killings, enforced disappearances, torture and other violations of human rights and international humanitarian law and (2) ensuring the performance by the courts of their mandate under RAs 9745 (Anti-Torture Act of 2009), 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) and other relevant laws; AcHSEa

WHEREAS, the Supreme Court and the ICRC are willing to work together on certain issues of humanitarian concern and are both committed in ensuring respect for human rights and international humanitarian law, which includes addressing humanitarian consequences of overcrowding in Philippine jails;

WHEREAS, in order to build and strengthen this collaborative relationship, it is necessary that a Committee be created;

NOW, THEREFORE, a Committee on Human Rights and International Humanitarian Law is hereby created to be composed of the following:

Chairperson	:	Justice Mariano C. Del Castillo
		Associate Justice
Vice-Chairperson	:	Justice Roberto A. Abad
		Associate Justice
Members	:	Court Administrator Jose Midas P. Marquez
		Office of the Court Administrator
		Atty. Gorgonio B. Elarmo, Jr.
		Office of the Chief Justice
		Atty. Leah Angela V. Robis
		Office of the Chief Justice
		Prof. Sedfrey M. Candelaria
		Research, Publication & Linkages Office, PHILJA
		Atty. Michelle Ann U. Juan
		Mr. Edilberto Davis
		Project Management Office
Secretary	:	Atty. Jeicqpoi N. Politico
		Atty. Mary Ann T. Curameng
Asst. Secretary	:	Ms. Jenny C. Buenaventura

The Committee on Human Rights and International Humanitarian Law shall have the following duties and functions:

1. Coordinate with the ICRC on the development of the working frame of this collaboration;

2. Study and analyze the findings and recommendations presented by the ICRC and other criminal justice stakeholders; SDIaCT

3. Based on the findings and recommendations of the ICRC and other criminal justice stakeholders, submit judicially feasible proposals, including possible promulgation or amendment of rules of procedure, aimed towards the promotion of human rights and international humanitarian law (including, but not limited to, jail decongestion and improvement of detention conditions) for the consideration of the Court en banc;

4. Collaborate with the ICRC and the Philippine Judicial Academy in conducting trainings, seminars and information campaigns to heighten the level of awareness, improve the skills and enhance the capacity of judges, prosecutors, public attorneys, lawyers and the general public in cases or situations involving international humanitarian law concerns; and

5. Ensure holistic implementation of the objectives of the Committee through effective coordination with the ICRC and other criminal justice stakeholders, subject to the constitutionally-mandated powers of the Supreme Court.

The Chairperson, Vice-Chairperson, Members and Secretary shall each be entitled to the expense allowance prescribed in Administrative Circular No. 13-99 issued by the Chief Justice on September 20, 1999.

This Memorandum Order shall take effect upon its issuance.

Issued this 9th day of July, 2010.

(SGD.) RENATO C. CORONAChief Justice

(SGD.) ANTONIO T. CARPIOAssociate Justice

(SGD.) ANTONIO EDUARDO B. NACHURAAssociate Justice