NATIONAL MONITORING MECHANISM (NMM) OPERATIONAL GUIDELINES

WHEREAS, fully aware of the obligation and commitment of the State to

protect and promote the right to life and security of every individual, which is in
compliance with the State obligations under international instruments on human
rights to which it is a party to;

WHEREAS, recognizing the existence of extrajudicial killings, enforced

disappearances and torture in the country;

WHEREAS, cognizant of the need for the country to have an

institutionalized national human rights monitoring mechanism to fast-track
resolution of cases of violations of human rights, particularly extra-judicial killings,
enforced disappearances and torture, and to eventually prevent such violations,
the concerned government agencies, the Commission on Human Rights, and
civil society organizations have signed the Declaration of Support for the National
Monitoring Mechanism (NMM) on Human Rights on December 16, 2014 at
Quezon City to attain this goal;

WHEREAS, the National Monitoring Mechanism complements the efforts

of the Inter-Agency Committee created by Administrative Order No. 35, and
contributes to better promotion and protection of human rights through
coordinated efforts by concerned government agencies, civil society
organizations, and the Commission on Human Rights;

NOW THEREFORE, in order to operationalize the NATIONAL

MONITORING MECHANISM, the following Guidelines are hereby adopted:

Section I. MANDATE

The NATIONAL MONITORING MECHANISM shall monitor the nation’s

progress on the resolution of human rights violations and/or cases, prioritizing, in
the short-term, those of extrajudicial killings, enforced disappearances and
torture, including violations of Economic, Social and Cultural Rights which are
related to and may be causes of the aforementioned cases, with a long-term view
of ensuring effective compliance with the international human rights treaties
obligations of the Philippine government.

It shall also coordinate among its members for the immediate provision of
services, which includes but not limited to legal services, in promoting, protecting
and addressing the rights of the victims and/or members of their families, as
required and needed.

The NMM may request assistance from any individual, organization, the
academe, the private sector, the media, or any other institution to further protect
and promote human rights.

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Section II. DEFINITION OF TERMS

1. Extra-Legal Killings (ELK) or Extra-Judicial Killings (EJK) refer to killings

wherein:

a. The victim was:

i. a member of, or affiliated with an organization, to include political,
environmental, agrarian, labor, or similar causes; or
ii. an advocate of above-named causes; or
iii. a media practitioner or
iv. person(s) apparently mistaken or identified to be so.

b. The victim was targeted and killed because of the actual or perceived
membership, advocacy, or profession;

c. The person/s responsible for the killing is a state agent or non-state

agent; or

d. The method and circumstances of attack reveal a deliberate intent to kill.

2. “Enforced or involuntary disappearance” refers to the arrest, detention,

abduction or any other form of deprivation of liberty committed by agents
of the State or by persons or groups of persons acting with the
authorization, support or acquiescence of the State, followed by a refusal
to acknowledge the deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person, which places such person
outside the protection of the law.1

3. "Torture" refers to an act by which severe pain or suffering, whether

physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him/her or a third person information or a
confession; punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or
coercing him/her or a third person; or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or
at the instigation of or with the consent or acquiescence of a person in
authority or agent of a person in authority. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions. 2

4. “Monitoring” includes consensus-building, as well as validation and

assessment of cases of human rights violations; proposing policies,
measures and recommendations to prevent the occurrence, and for the
effective resolution of said cases; tracking and resolution of said cases
in courts and tribunals; and intervening, where appropriate actions are
wanting.

Section III. OBJECTIVES

The NATIONAL MONITORING MECHANISM aims to:

1. Effectively monitor human rights violations, primarily those involving extra-

legal killings, enforced disappearances, and torture, in line with the
1
Republic Act No. 10353, otherwise known as the “Anti-Enforced or Involuntary Disappearance Act of
2012.”
2
Republic Act No. 9745, otherwise known as the “Anti-Torture Act of 2009.”

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 Philippine government’s commitment to its ratified international human
rights treaties;

2. Address human rights violations, especially ELKs, EDs and torture, by the
immediate provision of legal and non-legal services to human rights
victims and/or their families that will ensure human rights promotion and
protection and ensure the resolution of their cases;

3. Develop an effective monitoring and coordination mechanism that will

ensure that justice is served to human rights victims and/or their families,
particularly those of ELKs, EDs and torture;

4. Strengthen institutional mandates, capabilities and engagements in

effectively resolving human rights violations, especially cases of ELKs,
EDs and torture;

5. Provide a venue, both at the national and local levels, where victims or
their relatives can report cases of ELKs, EDs and torture, seek assistance,
request immediate investigation, request for protection, or seek
psychosocial services; and

6. Raise public awareness and understanding of cases involving EJKs, EDs

and torture to deter, minimize and prevent future incidents.

Section IV. COMPOSITION

The NATIONAL MONITORING MECHANISM is composed of the

following:

a. The Commission on Human Rights

b. Government Agencies

i. Presidential Human Rights Committee – Secretariat

ii. Department of Justice
iii. Department of Interior and Local Government
iv. Department of National Defense
v. Armed Forces of the Philippines
vi. Philippine National Police
vii. Department of Labor and Employment
viii. Department of Social Welfare and Development
ix. National Commission on Indigenous Peoples
x. Office of the Presidential Adviser on the Peace Process
xi. Bureau of Jail Management and Penology

c. Civil Society Organizations

i. Asian Federation Against Involuntary Disappearances

ii. Alternative Law Groups
iii. Ateneo Human Rights Center
iv. Balay Rehabilitation Center, Inc.
v. Families of Victims of Involuntary Disappearance
vi. Medical Action Group
vii. Philippine Alliance of Human Rights Advocates

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 The composition of the NATIONAL MONITORING MECHANISM may be
increased upon formal application of an applicant institution, duly endorsed by 2
members. An applicant will be accepted upon a majority vote of the members
present during a meeting of the NMM.

The members of the NMM shall perform the following:

1. Regularly attend meetings and activities;

2. Appoint a focal person and an alternate to the NMM;
3. Keep the confidentiality of matters discussed in the meetings and activies,
as necessary; and
4. Exert earnest efforts to achieve the objectives of the NMM

Section V. MEETINGS

1. REGULAR meetings of the NMM shall be held quarterly, on the

third Wednesday of January, April, July and October, while SPECIAL meetings
may be called as needed.

2. Meetings, regular or special, shall be convened by the Lead

Convenor or by a majority of the membership of the NMM upon formal notice
together with a proposed agenda and Minutes of previous meeting at least 14
calendar days prior to the regular meeting, and at least 5 calendar days for
special meetings.

3. The presence of a majority of the members of the NMM, or in the

case of a Technical Working Group, a majority of its members, is required to
conduct its regular business.

Section VI. STRUCTURE

A. Lead Convenor

The Commission on Human Rights shall be the lead convenor of the

NMM. As the lead convenor, the CHR shall:

1. Call and preside meetings of the NMM, as may be necessary;

2. Ensure the regular participation of the partners;
3. Lead the implementation of the approved activities of the NMM;
4. Be responsible for fully documenting the proceedings/activities of
the NMM;

B. Technical Working Group

There shall be a Technical Working Group composed of CHR, PHRC

Secretariat, a CSO representative and other interested NMM
members.

The TWG shall ensure efficient and effective operation of the NMM
including timely coordination of policies, concerns and activities with
concerned members of the bodies and the local monitoring
mechanisms, and consolidation of reports and issues from the working
committees.

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 C. Working Committees

The NMM may create working committees, on an ad hoc basis, as may

be necessary.

The working committees shall coordinate with the TWG.

D. Secretariat

The Commission on Human Rights will provide Secretariat support to

the NMM.

E. Local Monitoring Mechanisms

Local Monitoring Mechanisms, patterned after the NMM may be

established, either independently or with support of the NMM within a
specific geographical area. The local monitoring mechanism shall
support the NMM in the delivery of services in specific localities.

Section VII. PROGRAMS

A. Referral and Monitoring

1. The NMM may refer cases of EJK/ELK, ED and torture to

the concerned government/civil society organizations, for
their appropriate action, to ensure that human rights
violations are addressed, and that justice is served to the
victims and/or their families.

2. The NMM will thereafter monitor the actions taken by the

concerned government or civil society organizations with
regard to the referred cases.

3. The NMM shall also monitor compliance of government

agencies of their mandated duties under existing laws and
policies concerning EJKs, EDs and Torture.

B. Case Conferences

1. Each NMM member is expected to provide the NMM

Secretariat with the list of EJK/ELK, ED and torture cases
that it is taking cognizance of, with detailed information and
updated status of the cases.

2. The NMM shall thereafter conduct case conferences on the

EJK/ELK, ED and torture cases. The objective of the case
conference is to facilitate the effective resolution of cases
through information-sharing and cooperation among the
members of the NMM.

3. Case conferences may be held in the region where the

incident of human rights violation occurred, as may be
necessary.

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 4. The NMM may call on the complainants, the concerned
parties, and the other stakeholders concerned as resource
persons during the case conferences, as may be necessary.
The NMM shall ensure their security whenever their
presence is required.

C. Provision of Services

The NMM shall coordinate among its members and concerned

agencies for the provision of services to the victims and/or their
families of cases being monitored by the NMM.

D. Information Dissemination

The NMM shall develop a communications plan which will inform

the public, stakeholders, and concerned agencies of issues
concerning EJK/ELK, ED, and torture cases.

E. Capacity Building

The NMM shall consult its members and develop programs that
shall strengthen both the mechanism and individual institutions in
effectively addressing and preventing human rights violations,
particularly those of EJK, ED and Torture.