QuestionsQuestions (PNP MEMORANDUM CIRCULAR NO. 2005-005)
EO No. 404 creates the Government of the Republic of the Philippines Monitoring Committee (GRP-MC) on Human Rights and International Humanitarian Law to represent and monitor the GRP’s implementation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), in coordination with relevant Philippine constitutional and legal mandates.
EO No. 404 references the CARHRIHL signed on 16 March 1998 (in The Hague) and the Operational Guidelines for the JMC signed on 14 February 2004 (in Oslo), which provide the operationalization and monitoring mechanisms.
The “third path” refers to the Government’s pursuit of a peaceful and negotiated settlement with rebel groups, specifically including CPP/NPA/NDF. EO No. 404 links this peace process to the urgent need to respect human rights and international humanitarian law as groundwork for a just and lasting peace.
The GRP-MC is composed of a Chairperson and two (2) Members, plus two (2) Observers from human rights organizations, all designated by the GRP Panel in the peace negotiations with the CPP/NPA/NDF.
The GRP-MC operates under the supervision of the GRP Panel, which also provides overall support in the management and operation of the GRP-MC.
It represents the Government in the JMC under CARHRIHL and performs its functions jointly with or separately from the NDF, consistent with CARHRIHL, the Operational Guidelines, the Philippine Constitution, existing laws, and jurisprudence.
It monitors the status of CARHRIHL implementation by concerned government units/agencies and requests those agencies to take appropriate actions to address non-implementation or violations of the Agreement.
Under Section 2(c), it must work closely with CHR regarding CHR’s constitutional mandate to investigate human rights violations and monitor the Government’s compliance with international human rights treaty obligations, by providing CHR regular updates.
It shows the intended complementarity: CHR retains its constitutional investigatory and monitoring authority, while GRP-MC focuses on CARHRIHL/JMC monitoring, providing updates to CHR rather than supplanting CHR.
Under Section 2(d), it can coordinate with concerned government units/agencies and civil society groups/other entities for any assistance necessary to perform its functions.
Yes. Under Section 2(e), it may create local monitoring teams or similar bodies throughout the country to assist in the performance of its functions.
Section 2(f): it must submit reports as often as necessary to the GRP Panel, including recommendations to address reported violations. Section 2(g): it must provide regular updates to concerned government units/agencies and civil society groups/other entities.
Under Section 2(h), the GRP-MC may adopt the implementing rules and regulations for the conduct of its work.
Section 4 provides that the GRP Panel Secretariat, including representatives of concerned government agencies designated by the GRP Panel, shall extend necessary technical and administrative support.
Section 4 states that OPAPP (Office of the Presidential Adviser on the Peace Process) shall provide adequate office space and facilities.
The DBM must release PHP 10,000,000.00 from the President’s Contingent Fund to initially cover operational expenses of the GRP-MC and its Secretariat.
Section 5 provides that the fund requirements for succeeding years shall be included in the OPAPP budget.
It takes effect immediately upon its publication in a national newspaper of general circulation. This means monitoring and related institutional actions should be implemented once the publication requirement is satisfied.
It repeals or modifies any orders, rules, regulations, issuances, or parts thereof that are inconsistent with EO No. 404, ensuring harmonization with existing government issuances.