Republic Act No Human Rights Victims Reparation and Recognition Act of 2013

Transcription

1 Republic Act No Human Rights Victims Reparation and Recognition Act of 2013 Human Rights Victims Claims Board E. Virata Hall, E. Jacinto St., UP Diliman, QC

2 What is RA 10368? RA is the Human Rights Victims Reparation and Recognition Act of 2013 Through this law, the State: o Recognizes the heroism and sacrifices of human rights violations victims (HRVVs) during the regime of former President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986; and o Acknowledges its moral and legal obligation to recognize and provide reparation to the victims.

3 What is RA 10368? Reparation the obligation of the State to restore the rights and uphold the dignity of the victims, which is part of the right to an effective remedy. (monetary and nonmonetary) Recognition the acknowledgment of the State of the violations committed against persons who are victims of human rights violations. This shall be manifested by enshrining the names of HRVVs in the Roll of Human Rights Violations Victims.

4 THE HUMAN RIGHTS VICTIMS CLAIMS BOARD The HRVCB is a quasi-judicial body created to: receive, evaluate and process all claims, award reparation recognize the victims by enshrining their names in the Roll of Human Rights Violations Victims

5 Who may apply? A person who is a human rights violation victim (HRVV) as defined by the law; Claimants who are conclusively presumed to be a HRVV under the law; Legal heir/s, or authorized representative of HRVVs who are deceased, incapacitated, or involuntarily disappeared.

6 Application Period May 12, 2014 Nov 10, 2014 Failure to file within the period is deemed a waiver of claim

7 Where to file? Main Office: UP Institute of Small Scale Industries, E. Jacinto St., Diliman, Quezon City Mobile intake sites designated by HRVCB

8 Human Rights Violations Killing of persons exercising their civil and political rights; Involuntary disappearance (still missing) as defined in RA1035[3] ; 10 points Torture,and/or rape or sexual abuse; 6 9points Detention without a valid warrant of arrest issued by a civilian court; 3-5 points Force or intimidation causing involuntary exile from the Philippines; 1-2 points Force intimidation or deceit causing unjust or illegal takeover of business, confiscation of property, deprivation of livelihood, etc; 1-2 points Kidnapping or otherwise exploiting children of persons suspected of committing acts against the Marcos regime; sexual offenses against human rights victims who are detained. 1-2 points

9 the process

10 Prohibited Acts Misuse, embezzlement or misappropriation of reparation funds by any member of the Board, its Secretariat, public officer, employee of an agency or any private individual mandated to implement the Act Penalty under the Revised Penal Code and relevant special penal laws Commission of fraud in the processing of documents and claims of HRVVs, or conspiracy with any individual to commit the same by any member of the Board, its Secretariat, public officer, employee of an agency or any private individual mandated to implement the Act Penalty under the Revised Penal Code and relevant special penal laws

11 Prohibited Acts Filing of fraudulent, fictitious or spurious claim by any claimant Imprisonment of eight (8) to ten (10) years, Disqualification from public office and employment and Deprivation of the right to vote and be voted for in any national or local election, even after the service of sentence unless granted absolute pardon.

12 RequestedAssistance from LMP Designate a focal person/office per municipality (preferably Social Worker or Committee on Human Rights) Identify and encourage legitimate claimants to file claims; Assist in the preparation by the legitimate claimants of the application forms, detailed sworn statements, and other pertinent affidavits/documents required in the claims applications and in the submission of applications; Detect, prevent and/or report possible incidents of fraudulent, fictitious or spurious claims;

13 RequestedAssistance from LMP Refer claimants to other service providers providing legal assistance, counseling, paralegal or notarial services; Assist in the verification of legitimate claimants, if necessary; Assist in distribution of checks to eligible claimants; and, Encourage its members to support the mandate and objectives of RA 10368, particularly in preventing the proliferationof fraudulent, fictitious or spurious claims.

14 Thank you very much!