MALACAÑANG
ManilaBY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 404 January 24, 2005
CREATING THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES MONITORING COMMITTEE (GRP-MC) ON HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW
WHEREAS, the State recognizes that the attainment of a just, comprehensive and lasting peace under the rule of law and in accordance with Constitutional processes is the basic foundation of economic development and national prosperity;
WHEREAS, the Government implements a comprehensive peace process along the "Six Paths to Peace" that must be pursued simultaneously in a coordinated and integrated fashion, as provided for under Executive Order No. 3 issued on 28 February 2001;
WHEREAS, the "third path" to peace is the Government’s pursuit of a peaceful and negotiated settlement with the different rebel groups, including the Communist Party of the Philippines/New People’s Army/National Democratic Front (CPP/NPA/NDF);
WHEREAS, the Government recognizes that respect for human rights and international humanitarian law is of crucial importance and urgent necessity in laying the ground for a just and lasting peace;
WHEREAS, the parties...
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Executive Orders
Creating the Government of the Republic of the Philippines Monitoring Committee (GRP-MC) on Human Rights and International Humanitarian Law
Executive Order No. 404
Summary of Executive Order No. 404
Creation of the Government of the Republic of the Philippines Monitoring Committee (GRP-MC) on Human Rights and International Humanitarian Law
• Section 1: Creates the GRP-MC composed of a Chairperson, two Members, and two Observers from human rights organizations, designated by the GRP Panel in peace negotiations with the CPP/NPA/NDF.
• The GRP-MC operates under the supervision of the GRP Panel.
Powers and Functions of the GRP-MC
• Section 2a: Represent the Government in the Joint Monitoring Committee (JMC) under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), and perform its functions jointly or separately from the National Democratic Front of the Philippines, in accordance with the CARHRIHL, Operational Guidelines for the JMC, the Philippine Constitution, existing laws, and jurisprudence.
• Section 2b: Monitor the implementation of the CARHRIHL by concerned government units and agencies, and request appropriate actions to address non-implementation or violations.
• Section 2c: Work closely with the Commission on Human Rights (CHR) of the Philippines regarding its mandate to investigate human rights violations and monitor the Government's compliance with international treaty obligations on human rights, and provide CHR with regular updates.
• Section 2d: Coordinate with government units and agencies, civil society groups, and other entities for necessary assistance.
• Section 2e: Create local monitoring teams and other similar bodies throughout the country to assist in its functions, if necessary.
• Section 2f: Submit reports to the GRP Panel on the status of its work, including recommendations to address reported cases of violations of human rights and international humanitarian law principles.
• Section 2g: Provide regular updates to concerned government units and agencies, civil society groups, and other entities on the status of its work.
• Section 2h: Adopt implementing rules and regulations for the conduct of its work.
• Section 2i: Perform other functions assigned by the GRP Panel and necessary to ensure effective monitoring of the CARHRIHL implementation.
Support and Cooperation
• Section 3: All government agencies are directed to provide necessary cooperation and support to the GRP-MC to ensure timely and effective implementation of the CARHRIHL provisions.
Secretariat and Office Space
• Section 4: The GRP Panel Secretariat, including representatives of concerned government agencies designated by the GRP Panel, shall extend necessary technical and administrative support to the GRP-MC.
• The Office of the Presidential Adviser on the Peace Process (OPAPP) shall provide the GRP-MC with adequate office space and facilities.
Funding
• Section 5: The Department of Budget and Management is directed to release TEN MILLION PESOS (10,000,000.00) from the President's Contingent Fund to initially cover the operational expenses of the GRP-MC and its Secretariat.
• The fund requirements of the GRP-MC and its Secretariat for succeeding years shall be included in the OPAPP budget.
Repealing Clause and Effectivity
• Section 6: All orders, rules, regulations, and issuances inconsistent with this Executive Order are repealed or modified accordingly.
• Section 7: This Executive Order shall take effect immediately upon its publication in a national newspaper of general circulation.
Creation of the Government of the Republic of the Philippines Monitoring Committee (GRP-MC) on Human Rights and International Humanitarian Law
• Section 1: Creates the GRP-MC composed of a Chairperson, two Members, and two Observers from human rights organizations, designated by the GRP Panel in peace negotiations with the CPP/NPA/NDF.
• The GRP-MC operates under the supervision of the GRP Panel.
Powers and Functions of the GRP-MC
• Section 2a: Represent the Government in the Joint Monitoring Committee (JMC) under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), and perform its functions jointly or separately from the National Democratic Front of the Philippines, in accordance with the CARHRIHL, Operational Guidelines for the JMC, the Philippine Constitution, existing laws, and jurisprudence.
• Section 2b: Monitor the implementation of the CARHRIHL by concerned government units and agencies, and request appropriate actions to address non-implementation or violations.
• Section 2c: Work closely with the Commission on Human Rights (CHR) of the Philippines regarding its mandate to investigate human rights violations and monitor the Government's compliance with international treaty obligations on human rights, and provide CHR with regular updates.
• Section 2d: Coordinate with government units and agencies, civil society groups, and other entities for necessary assistance.
• Section 2e: Create local monitoring teams and other similar bodies throughout the country to assist in its functions, if necessary.
• Section 2f: Submit reports to the GRP Panel on the status of its work, including recommendations to address reported cases of violations of human rights and international humanitarian law principles.
• Section 2g: Provide regular updates to concerned government units and agencies, civil society groups, and other entities on the status of its work.
• Section 2h: Adopt implementing rules and regulations for the conduct of its work.
• Section 2i: Perform other functions assigned by the GRP Panel and necessary to ensure effective monitoring of the CARHRIHL implementation.
Support and Cooperation
• Section 3: All government agencies are directed to provide necessary cooperation and support to the GRP-MC to ensure timely and effective implementation of the CARHRIHL provisions.
Secretariat and Office Space
• Section 4: The GRP Panel Secretariat, including representatives of concerned government agencies designated by the GRP Panel, shall extend necessary technical and administrative support to the GRP-MC.
• The Office of the Presidential Adviser on the Peace Process (OPAPP) shall provide the GRP-MC with adequate office space and facilities.
Funding
• Section 5: The Department of Budget and Management is directed to release TEN MILLION PESOS (10,000,000.00) from the President's Contingent Fund to initially cover the operational expenses of the GRP-MC and its Secretariat.
• The fund requirements of the GRP-MC and its Secretariat for succeeding years shall be included in the OPAPP budget.
Repealing Clause and Effectivity
• Section 6: All orders, rules, regulations, and issuances inconsistent with this Executive Order are repealed or modified accordingly.
• Section 7: This Executive Order shall take effect immediately upon its publication in a national newspaper of general circulation.