ORGANIZATIONAL STRUCTURE AND STAFFING PATTERN
PNP HUMAN RIGHTS AFFAIRS OFFICE

SUBJECT : Letter of Instructions 55/07 (“PAMANA”)
TO           : All PNP Offices and Personnel

I REFERENCES:

• Universal Declaration of Human Rights (UDHR) of 1948;
• International Covenant on Civil and Political Rights (ICCPR);
• UN Convention Against Torture or Other Cruel, Inhuman and Degrading Treatment (CAT);
• UN Code of Conduct for Law Enforcement Officials;
• UN Convention on the Rights of the Child (CRC);
• UN Convention on the Elimination of AU Forms of Discrimination Against Women (CEDAW);
• Art II and Art II, 1987 Philippine Constitution;
• RA 7438, RA 9262, RA 7610, RA 8371 and other special laws with human rights standards;
• Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL);
• PNP Code of Professional Conduct and Ethical Standards (COPCES);
• PNP Operational Procedures;
• PNP Implementing Guidelines on Human Rights dated 14 Feb 95; and
• Other administrative issuances on human rights.

II. SITUATION:

The Philippine National Police, the premier law enforcement agency of the land, serves as one of the government instruments charged with enforcing the full protection of human rights. Existing international standards on human rights to which the Philippines is a state party are supposed to guide the police in practicing human rights principles as the highest embodiment of policing. The PNP also published the Implementing Guidehnes on Human Rights on February 14, 1995 identifying specific human rights violations and the responsibilities of various tasked offices.

Yet, despite the countless awareness-raising efforts on human rights for its personnel, the PNP is still perceived as a human rights violator given the number of incidents of alleged human rights violations which have been highlighted in media reports and those filed with the Commission on Human Rights. From January 1991 to October 2007, the CHR received a total of 7,678 cases against PNP personnel for alleged human rights violations. The data on the disposition of these casesare still being processed by the CHR.

Incidentally, the passage of the Human Security Act (RA 9372), the influx of human rights issues, both in the local and international communities, and the increasing complexities in the maintenance of peace and order, have given the police more reasons to engage in an evolving effort to address human rights on a higher plane. Likewise, the challenge of Her Excellency President Gloria Macapagal-Arroyo for the PNP to make human rights at the centerpiece of all its actions as a catalyst for advancing the human rights agenda for police personnel.

The creation of the Human Rights Affairs Office (HRAO) is one of the measures that the PNP leadership has brought into fore in order to improve existing mechanisms on human rights protection. However, far greater involvement of all PNP members is necessary for the citizenry to feel that the agency means business in serving the people and protecting their human rights. Thus, several institutional approaches on human rights are laid down in order to improve human capacities, enhance relationships and partnerships with other stakeholders, and adopt human rights-based policing programs, all geared towards making the PNP a protective bulwark of human rights.

III. PURPOSE:

This LOI sets forth renewed policy directions and guidelines in the PNP to respect, promote and protect human rights.

IV. VISION:

The Philippine National Police envisions the organization to be a UN-certified fortress of human rights protection.

V. MISSION:

Consistent with its mandate, the Philippine National Police shall serve the citizenry and ensure the full protection of their human rights.

VI. GENERAL POLICIESAND GUIDELINES:

In faithful compliance to the Philippine commitment to the universal principles of human rights and in furtherance of existing human rights standards and practices, the PNP leadership hereby issues the following policies and guidelines:

• Human Rights is supreme, inalienable, and indivisible.
• The entire members of the Philippine National Police shall embrace the highest principles of the Universal Declaration of Human Rights which proclaims the personal, civil, political, economic, social, and cultural rights of individuals, which are limited only by the recognition of the rights and freedoms of others and the requirements of morality, public order, and general welfare.
• All police officers must internalize and put into practice Sec 11, Art II. in relation to Sec 2, Art II of the 1987 Philippine Constitution that “the State values the dignity or every human person and guarantees MI respect for human rights”.
• Respect for human rights and human dignity shall apply to everyone, including members of the police service, regardless of education, gender, religion, and political beliefs.
• All police officers shall adopt the paradigm of human rights-based policing by being “champions” and “catalysts”, individually and collectively, to strengthen the faith and trust of the citizenry in their police officers as protectors of human rights.
• Efforts by the police to protect human rights shall come to terms with the peace-building program of the government;
• Programs of Instruction for police personnel shall be regularly reviewed, as may be fitting and proper, to include issues of police ethics and human rights, especially in the investigative process, as well as alternatives to the use of force and firearms. Such alternatives may include but are not limited to the peaceful settlement of conflicts, the understanding of crowd behavior, and the methods of persuasion, negotiation and mediation, and other appropriate means, with the end in view of limiting the use of force and firearms.
• All police officers shall undergo appropriate knowledge, skills and attitude enhancement and other human resource development programs that will cut across the recruitment, assignment, and promotion process.
• Under no circumstance shall any police officer inflict, instigate, or tolerate extrajudicial killing, enforced disappearance, "salvaging", arbitrary arrest, torture or other cruel, inhuman or degrading treatment or punishment, against any person.
• Failure on the part of any police officer, in any capacity, to take appropriate action to prevent and/or report the commission of any human rights violation by a fellow PNP personnel with his knowledge or in his presence shall make him liable.
• Violation of human rights shall be dealt with drastically through the existing administrative disciplinary machinery of the PNP.
• In case of conflicting scenarios, the supremacy of respect for human rights remains inviolable over the performance of police duties and functions unless it is proven that the exercise of such rights runs counter to the requirements of morality, public order, and general welfare.
• Any human rights violation committed by police officers shall be subject to appropriate sanctions under the existing internal administrative disciplinary system.

VII. EXECUTION

A. CONCEPT OF OPERATIONS:

The Philippine National Police shall implement a comprehensive human rights development program (Annex "A") that will address four (4) major components: institutional policy development; capability building on human rights protection; prevention and control measures against violation of human rights; and strengthening of partnership and cooperation with multi-sectoral organizations for human rights compliance.

Duty holders within the PNP shall be responsible for putting into place the necessary mechanisms with the implementation of the comprehensive human rights development program for police personnel, in particular, and for the public, in general.

The Human Rights Affairs Office (HRAO), in furtherance of its mandated functions, shall serve as the focal point on the formulation, implementation and monitoring of the PNP human rights development program in line with the policies herein set forth.

To enhance the capacities of police officers as human rights protectors, the PNP Human Rights Desks created pursuant to PNP Implementing Rules on Human Rights dated February 14, 1995, shall be strengthened to serve as conduits to the HRAO on various efforts involving human rights. Said PNP HR Desks shall be placed as an adjunct unit in the offices of the regional directors, provincial/city police office directors, district directors, and city/municipal chiefs of police as well as directors of concerned national support units.

B. PHASES OF IMPLEMENTATION

Phase 1: (October 2007 - January 2008) - Formulation of internal policy framework, revision of training programs, training of trainers, and strengthening of structural mechanisms.

Phase 2: (November 2007 - September 2008) - Cross-cutting implementation of the four major components.

Phase 3: (September 2008) - Initial Monitoring and Assessment

Phase 4: (October 2008 onwards) - Institutionalization of program initiatives.

C.  TASKS

To ensure the proper implementation of these guidelines, various offices and units of the PNP are directed to carry out the following tasks:

1. HRAO

• Initiate advocacy measures to raise the consciousness and internationalization of the PNP personnel on human rights-based policing;
• Lead the organization in participating or initiating human rights-driven events and activities such as Human Rights Week, International Human Rights Day, International Humanitarian Law Day, and other related human rights events, including those on women, youth and children, and others;
• Establish ties with and generate support and assistance from various government and non-government organizations concerned with human rights, both local and international, to advance the cause of human rights within and outside the Philippine National Police;
• Establish a Human Rights Eligibility List for police officers directly engaged in human rights advocacy and promotion through the issuance of appropriate certificates of qualifications making them belong to a directory of human rights practitioners in the country;
• Coordinate regularly with various duty holders in the PNF for discussions and resolutions of human rights issues that include but are not limited to human rights violations by police officers and/or other government forces as well as non-state actors, development of knowledge, skills and attitude
  of PNP personnel as human rights protectors, and enhancement of partnerships with other sectors concerning human rights;
• Conduct regular and/or random inspections, dialogues, and field inquiries on human rights issues affecting members of the police service, including violation of their own rights as human beings, using existing mechanisms and venues such as the Annual General Inspections, directorial staff family conferences, conduct of mandatory courses in the PFSC and its regional training schools;
• Conduct researches and case studies on human rights that delve on the causes, role patterns, capacity gaps, and institutional mechanisms leading to the improvement of the PNP as a human rights protector;
• Initiate, motu propio, inquiries on cases of human rights violations through walk-in complaints, electronic communications, and other means in order to facilitate appropriate actions thereof, including some mechanisms to explore alternative dispute resolutions especially when cases arise from
  personal acts on the part of police officers subject of the complaints. Otherwise, cases may be referred to the AS for appropriate administrative action.
• Monitor, assess, and document human rights issues and concerns for use as reference of the Chief, PNP;
• Provide inputs to the PlO on various initiatives of the PNP on human rights for information of the public; and
• Perform other task as may be directed.

2. TDPRM

• Develop a human rights-based psychological evaluation tool, through the PNP Health Service, aimed at determining the capacity of every police officer to promote and protect human rights while in the performance of his or her duties;
• Issue orders for all PNP human rights desks officers throughout the country to ensure sustainability and dedication of individuals charged with advancing human rights agenda in the PNP; and
• Perform other tasks as may be directed.

3. TDI

• Strengthen counter-intelligence efforts to identify PNP personnel who commit human rights violations; and
• Perform other tasks as may be directed.

4. TDO

• Review, evaluate and reconstruct, as may be appropriate, some provisions of existing operational policies, procedures, guidelines, attuned to the human rights principles specifically in the areas of arrest, search and seizure, civil disturbance management, lockup, and other concomitant police operations regularly performed by police officers in the field; and
• Perform other tasks as may be directed.

5. TDPL

• Issue activation orders for the establishment of PNP Human Rights Desks in alt PROs, PPOs, CFOs, CPSIMPS and NSUs, in coordination with NAPOLCOM; and
• Perform other tasks as may be directed.

6. TDHRDD

• Formulate a human resource development plan on human rights, in coordination with HRAO, the PPSC and other concerned offices, aimed at improving the existing training and education of police officers to enhance their knowledge, skills and attitude towards human rights;
• Develop a training needs analysis on the necessary contents and tools for the training and education of police officers concerning human rights;
• Undertake a joint effort with HRAO on the conduct of general knowledge examinations for all police officers starting with candidates for promotion, positions of higher responsibility, and deployment in international peacekeeping missions;
• Ensure that the behavioral development of police officers, regardless of the nature of work, be it in intelligence, traffic, investigation, patrol, and/or community relations, shall bear the mark of human rights protector; and
• Perform other tasks as may be directed.

7. TDPCR

• Coordinate with HRAO on the production of complementary information, education and communication (IEC) materials aimed at raising the human rights awareness of both the police and the community;
• onduct appropriate seminars on human rights, to include those of women and children, indigenous peoples, and other marginalized sectors, as part of the PNP information campaign on human rights;
• Include human rights subjects and invite the participation of trained police officers to expound on the subject in the ongoing PICE, television/radio programs, newsletter/journals, and website of the PNP; and
• Perform other tasks as may be directed.

8. TDIDM

• Fast track investigative capability development program for FNP offices and personnel;
• Initiate the installation of video recording systems in investigation rooms of PNP offices;
• Provide the HRAO a regular update on the list of cases of extrajudicial killings, enforced and involuntary disappearances, and other forms of human rights violations against militants in the political, media, labor, and student sectors, for reference and discussion with human rights organizations and other parties of interest;
• Conduct and expedite the investigation of alleged violations of human rights by police officers not only for the purpose of inflicting punishment to erring personnel but to relieve innocent police officers from undue and malicious harassment charges; and
• Perform other tasks as may be directed.

9. TDC

• Provide funding support and earmark an annual budget for the PNP human rights development program in coordination with HRAO to ensure sustainability of its implementation; and
• Perform other tasks as may be directed.

10. RDs, PROs

• Organize and establish the PNP Human Rights Desks in the PROs, PPOs/CPOs, CPSIMPS and designate qualified HR desk officers that will be responsible for addressing issues of human rights in their respective areas and for providing the HRAO necessary data and information on human rights;
• Conduct initiatives on human rights advocacy and protection in line with the attached PNP human rights development program;
• Enhance partnership with local community organizations, NOOs and private civic oriented groups, geared towards advancing the cause of human rights;
• Perform other tasks as may be directed.

11. Directors, NSUs

• Organize and establish the PNP Human Rights Desk and designate qualified HR desk officers that will be responsible for addressing issues of human rights in their respective areas and for providing the HRAO necessary data and information on human rights;
• Conduct initiatives on human rights advocacy and protection in line with the attached PNP human rights development program;
• Enhance partnership with local community organizations NGOs and private civic oriented groups, geared towards advancing the cause of human rights; and
• Perform other tasks as may be directed.

12. IG, IAS

• Conduct pre-charge administrative evaluation at cases involving any human rights violation, subject to existing rules and regulations governing PNP personnel disciplinary machinery;
• Establish a data base of cases involving violations of human rights committed by police personnel; and
• Perform other tasks as may be directed.

13. C, PIO

• Issue press releases on various initiatives of the PNP on human rights protection in coordination with the HRAO;
• Conduct appropriate human rights seminars for PIO in the PRO5/NSUs, press, reporters and other media practitioners to enhance their knowledge on human rights in coordination with HRAO;
• Perform other tasks as may be directed.

VIII. COORDINATING INSTRUCTIONS:

• All concerned chiefs/heads of offices shall disseminate the foregoing policies and guidelines to their respective personnel immediately following the issuance of this LOI.
• Violations or non-compliance with this LOI shall be dealt with accordingly.
• D-Staff and NSUs given the tasks as indicated than render an initial report of compliance in writing NLT 30 days upon receipt of a copy of this LOI. Succeeding reports shall be submitted quarterly or as may be appropriate.
• All regular reports must be submitted to the Chief, PNP (Attn: C, HRAO).

IX. EFFECTIVITY

LOI "PAMANA" shall take effect upon approval.





AVELINO I RAZON, JR. Police Director General Chief, Philippine National Police