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PROPOSED BHRAC/LHRAC POLICY

Whereas, the Barangay Human Rights Action Center(s) (BHRAC(s)) is a flagship program of the Commission on Human Rights; Whereas, BHRACs have been conceptualized so that the CHR will be within the reach of the people specially in far flung areas of the country, considering that CHR regional and sub-regional offices are based mainly in the regional centers and provincial capitals; Whereas, BHRACs are intended to help complainants especially those coming from the remote areas save time, effort and financial expense in filing their complaints. Likewise, through the BHRACs, awareness-raising activities on human rights such as information and education campaign can easily and readily be brought down to the grassroots level; Whereas, BHRACs are established by virtue of Resolutions or Ordinances passed by the Sangguniang Barangays concerned, while its operations are spearheaded by Barangay Human Rights Action Officers (BHRAOs); Whereas, the BHRAC Program has been the subject of several issuances by the Department of the Interior and Local Government (DILG) and memorandums of agreement (MOA) with concerned stakeholders, such as: DILG MC 94-194; CHR-LGA-LIGA NG MGA BARANGAY MOA executed 16 November 1994; CHR-LGA-LIGA NG MGA BARANGAY MOA executed 20 June 1996; CHRDILG-LEAGUE OF CITIES-LEAGUE OF PROVINCES-LEAGUE OF MUNICIPALITIES-LIGA NG MGA BARANGAY MOA executed 10 December 1996; CHR-SOROPTOMIST PHILIPPINES, INC. MOA executed 19 March 1997; CHR-DILG-LEAGUE OF CITIES-LEAGUE OF PROVINCES-LEAGUE OF MUNICIPALITIES-LIGA NG MGA BARANGAY MOA executed 11 December 2001; DILG MC 2006-45; DILGCHR Joint MC No. 1, S. 2006; Whereas, Section 9.3.4.5.2 of the Manual on Position Classification and Compensation issued by the Department of Budget and Management authorizes the grant of honoraria to Barangay Human Rights Action Officers subject to limitations and chargeable to barangay funds; Whereas, the Commission en banc, through Resolution No. A2009-053-G adopted on 18 May 2009, promulgated a set of indicators to be used in monitoring the functionality of existing BHRACs; Whereas, the Commission en banc, likewise issued its Policy Guidelines on BHRAC through Resolution No. A2009-053-H adopted on 18 May 2009;

Whereas, in a nationwide assessment conducted by Prof. Olivia Domingo of the UP National College of Public Administration and Governance, under the auspices of BHRAC Focal Commissioner Hon. Jose Manuel Mamauag and supported by the United Nations Development Program (UNDP), it was concluded that(cite exact findings of the study) and consequently, it was recommended that(cite exact recommendations); Whereas, the Chairperson, in light of the CHR-AECID Fortaleza Project's goal of revitalizing human rights in the grassroots level in its focal areas, has initiated a review of the BHRAC Program, and has presented the following observations, quoted below:
"The proposal to set up human rights action centers (HRAC) which means we expand the program beyond barangay human rights action centers (BHRAC) in the pilot areas of the CHR-AECID Project is an offshoot of the various reports from the regional offices and the recent assessment conducted by Prof. Domingo, all of which carry the observation that the BHRAC Program has not met its objectives. The latest experience of BHRACH formation was in 2009 when the CHR and DILG issued a joint memorandum circular on the election or selection of Barangay Human Rights Action Officers (BHRAOs). According to a report from the CHR BHRAC Operations Secretariat, there were over 3,000 barangays that had been able to form BHRACs and 80% of the barangays already enjoyed a level of awareness on the BHRAC Program. When the CHR celebrated its 25th anniversary in May 4, 2012, we deliberately looked into the existence of the BHRACs that were set up in 2009. Not going very far, we had the City Director of the DILG Office in Manila give (giving) us an account of the status of the BHRACs in Manila, and found out, not surprisingly, that the BHRAcs were no longer to be found and with their disappearance, the officers who were assigned to manage them. These were the BHRAOs. The DILG admitted that the listing given to us was nothing more than a paper list but (and) that the project in Manila had never taken off ground and sustained effectively due to funding and personnel constraints. Mindanao regional offices submitted a report in 2010, but unfortunately it was only taken up in 2012 by the Office of the Chairperson and the CHR-AECID Fortaleza Project PMO. The reports (that) support(s) the BHRAC Program has been implemented in a manner that yields unsustainable results. Moreover, it is important not only to come up with workable functionality indicators but to re-tool the program itself by updating its operational objectives in order to ensure that the program is attuned to the ongoing process of CHR institutional strengthening."

Whereas, the Commission en banc considers the revitalization of the BHRAC Program a critical component of its Strategic Plan 2011-2015;

Now therefore, be it resolved to issue the following policy guidelines on the revitalization of the BHRAC Program: Section 1. Retooling of the BHRAC Program into the LHRAC Program. -The objective of the BHRAC Program shall henceforth be revised from the existing objective of organizing BHRACs in every barangay to a new objective of setting up local human rights action centers (LHRAC) which shall ensure the connectivity of grassroots human rights initiatives to local government units and the regional human rights offices of the Commission on Human Rights. Section 2. Coverage. -- Resources shall be pooled and deployed on focus areas determined by the Commission. For the period 2013-2014, the focus areas shall be those covered under the CHR-AECID Fortaleza Project. A program review shall be conducted coinciding with the termination of the said project in 2014, which shall include as one of its objectives the formulation of appropriate recommendations on the next phase of implementation of the program. Section 3. Capacity Building Requirements During the Pilot Phase. -- For the period 2013-2014 or its pilot phase, LHRACS shall be organized in CHRAECID focus areas with a view to strengthening the capacity of regional offices and concerned central offices to render human rights services down to the grassroots level. Resources shall be prioritized accordingly for staff development, procurement of necessary equipment and materials, and development of appropriate and effective knowledge products for external as well as internal use. Section 4. New Statement of Objectives. -- The LHRAC Program shall be implemented with the following objectives: First, to strengthen the Commission on Human Rights as the national institution for human rights promotion and protection; and second, to cultivate a culture of human rights in the communities in line with the localization of the human rights-based approach to governance and development. Section 5. Program Indicators. -- LHRAC Program Indicators shall be developed within the next two months, in preparation for the implementation of the pilot phase, corresponding to the following Key Result Areas: A. Reach of CHR operations expanded up to the grassroots level; B. Human rights issues and concerns mainstreamed at every level of local governance; C. Local partner communities aware of their human rights; able to assert their basic rights; and able to work together and engage local institutions in order to monitor the state of human rights protection and promotion in their areas;

D. Local government units possess the necessary capacity to fulfil its role as human rights duty bearer at the local level; Section 6. Internal Support. -- The Commission guarantees sufficient financial, technical and administrative support to the LHRAC Program coming from both internal and external resources. Section 7. Support from External Partners. -- The Commission shall engage the Department of the Interior and Local Government (DILG) as its primary partner in the implementation of the LHRAC Program. It shall engage the UNDP, AECID, the European Union, and other development partners to ensure that the requirements of the program are met. Section 8. Legislation. -- The Commission shall include in its Human Rights Legislative Agenda the passage of national legislation that sets in place the necessary structural, financial and technical requirements for the nationwide scaling up of the LHRAC Program subsequent to its pilot phase. Regional offices shall enter into agreements with the concerned local government units so as to ensure that local ordinances and administrative regulations are in place to support the LHRAC program. Such ordinances and regulations shall conform substantively with the attached Model Ordinance; Section 9. Linkages. -- The Commission considers it a vital requirement for LHRAC program implementation that every LHRAC be properly oriented towards human rights service delivery,( mainly through) by cultivating dynamic partnerships with peoples organizations, NGOs and other civil society organizations, schools, faith-based organizations, as well as partner government agencies. Section 10. Program Implementation, Oversight and Coordination. -- The LHRAC Program shall be implemented by the Regional Offices with jurisdiction over the pilot areas. Program management and coordination at the national level shall be vested in a Program Secretariat headed by the Director of the Human Rights Education and Research Office (HERO) and up to five staff to be designated by the Chairperson. Oversight shall be exercised by the Commission en banc, through the LHRAC Focal Commissioner. Section 11. Repeal, Amendment or Modification of Prior Resolutions. All provisions in earlier resolutions deemed contrary to or inconsistent with the foregoing sections are hereby repealed, amended or modified accordingly.

COMMENTS: Section 6. - We should be specific of the internal and external sources that guarantees the full financial support to the LHRAC program. At this point in time the Policy should identify specific areas to get the fund sourec. at the end of the grant, where will the Commission get sufficient funds for the LHRAC. Section 7 What kind of engagement? are we going to have a MOA with them? until when... specific number of years are we be depending on them?) Section 8 This is great idea. This always come out in every assessment conducted but the CHR. This has been done since the 2nd Commission during the time of Commissioner Sibulo, but nothing happen due to the absence of specific office of the CHR to do the lobbying. Unless the Chair will assign a responsible office to do the lobbying work perhaps it will bring a good result. If the CHR Regional Offices will enter into agreements with local LGUs, does this mean that this another agreement aside from the agreement that will be forged (in case) in the national office?) Section 10 - this means that a new BHRAC secretariat will be created? Where will they come from, does the new secretariat be co-terminos with the 4 th Commission and the AECID project? Is the LHRAC focal Commissioner different from the present BHRAC focal Commissioner? If we will focus on the priority areas of AECID (ARMM, NCR, Regions 5 & 7) does this mean that the activities for the LHRAC/BHRAC in other regions will stagnate until such time that the LHRAC & BHRAC is AECID priorities areas are evaluated? How will we (regions not covered by AECID) continue with our BHRAC/LHRAC program because we cannot stagnate. There are BHRAOs coming to the Office coordinating for the conduct of BHRAC activities in their respective barangays. Shall we go on with the OLD BHRAC POLICY while the AECID PILOT AREAS will be having a NEW LHRAC POLICY? We prepared for our annual work plan and again in our first quarter plan submitted to Central Office BHRAC activities that needs funding. How could we implement our planned PPAs on BHRAC?

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