IRR OF BAA NO. 62

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2 THE IMPLEMENTING RULES AND REGULATIONS OE

3 BANGSAMORO AUTONOMY ACT NO. 62, OTHERWISE

4 KNOWN AS THE RIGHTS OF INTERNALLY DISPLACED

5 PERSONS OE THE BANGSAMORO AUTONOMOUS REGION

6 ACT OF 2024 1 8 RULE I.PRELIMINARY PROVISIONS 9

14 10 11 12 13 2024." Section 1. TiTlE These rules and regulations shall be known as the "Implementing Rules and Regulations of the Rights of Internally Displaced Persons of the Bangsamoro Autonomous Region Act of

15 Section 2.PuRPosE

23 25 18 20 21 22 24 11 17 19 implementation of Bangsamoro Autonomy Act (BAA) No. 62. It underscores the duties and internally displaced persons (IDPs), and achieving durable solutions thereto. It provides of constituent (ocal government units (LGUs) in the Bangsamoro Autonomous Region in Muslim These rules and regulations are hereby promulgated to prescribe the guidelines for the responsibilities of the concerned agencies in the prevention of displacement, protection of details on the institutional arrangements between and among Bangsamoro ministries, offices, and agencies (BMOAs), including existing inter-agency and inter-governmental mechanisms) Mindanao (BARMM), and of other stakeholders. Section 3. CONSTRUCTION AND INTERPRETATION 21 2 2 2 30 31 32 33 34 35 These rules and regulations shall be liberally construed in favor of the protection of human protection mechanisms shall be resolved in favor of harmonization and coordination of tasks Nothing in these rules shall be interpreted as attaching a special legal status to iDPs. rights of IDPs, addressing the root causes of displacement, and the achievement of durable solutions. Interpretation of provisions relating to powers and functions of different response or while maintaining clear lines of accountability and respect for hierarchy of laws. Section 4. COVERAGE 31 37 38 of all concerned BMOAs and constituent LGUs,: and extends to government-owned and Implementation of BAA No. 62, through these rules and regulations, shall be the responsibility controlled corporations, private entities, non-government organizations, international 39 organizations, and private and State colleges and universities and schools that are operating 40 41 42 43 in the BARMM. Section 5. a)The rights of IDPs, including women, children, indigenous peoples, and persons with POLICY

A4 45 46 4 should be responsive to their needs and vulnerabilities; disabitities, are anchored on the principle of non-discrimination, and their protection

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53 66 51 52 5 58 59 60 12 63 4 5 6 49 50 54 55 51 Section 6. DEFINITION OF TERMS f) Development initiatives of the Bangsamoro Government, LGUs, and private entities b) The freedom of movement is a right assured and protected by the Bangsamoro d) Meaningful participation of IDPs in the planning, implementation, and monitoring and e) Assistance to IDPs towards durable solutions shall be integrated in LGU- and BMOA- C IDPs do not hold a separate legal status but are recognized to have specific needs shall be balanced with protection of populations from arbitrary displacement. arising out of their displacement. All initiatives, programs, activities, and projects solutions shall be ensured; (evel programming; and shall be based on and responsive to the needs of iDPs, whether at the individual, family or community level, as assessed by the relevant BMOAs; evaluation of programs addressing internal displacement, and pursuit of durable Government;

10 3 5 6 69 1 12 14 11 7 18 19 0 81 82 In addition to the definitions already provided under the law, the following terms as used in these rules shall mean: a) "Act" refers to BAA No. 62 or the "Rights of Internally Displaced Persons of the b} Bangsamoro Autonomous Region Act of 2024"; "Aggressive implementation of development projects" refers to the execution of any Section 5 of the Act. This includes instances where displacement occurs due to: 1. Lack of adherence to the principles outlined in Section 5(a), such as failure 2. activity aimed at economic or political growth, advancement, and expansion that results or may result in arbitrary internal displacement of persons, as defined in Failure to conduct or adequately address the findings of an impact to explore feasible alternatives to displacement, ensure a compelling public interest, or protect the human rights of affected persons;

83 4 85 81 7 8 90 91 92 983 94 C 3. Non-compliance with any requirements related to relocation plans for "Armed conflict" refers to any use of force or armed violence between states, as resettlement schemes and/or programs that adhere to the principles and procedures Aggressive implementation of development projects does not include legitimate outlined in Section 5 of the Act; affected populations, including those outlined in Section 5(a) for both general populations and indigenous peoples (IP) communities. assessment regarding the risk of displacement, as required under Section 5(a); and

95 91 97 armed violence gives rise, or may give rise, to a situation to which the Geneva well as protracted armed violence involving governmental authorities and organized armed groups or between such groups within a state: Provided, That such force or

100 9 99 Conventions of 12 August 1949, including their common Article 3, apply.

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101 102 104 106 1003 105 107 1008 109 d) "Bangsamoro Autonomous Region in Muslim Mindanao (BARMM)" refers to the "Bangsamoro Internal Displacement Coordinating Council (BIDCC)" is the main Lamitan, and Marawi, and eight municipalities in the Special Geographic Area, as defined under existing (aws; autonomous region established under Republic Act No. 11054, otherwise known as covering the provinces of Basilan (excluding Isabela City), Lanao del Sur, Maguindanao del Norte, Maguindanao del Sur, Tawi-Tawi, the cities of Cotabato, the "Organic Law. for the Bangsamoro Autonomous Region in Muslim Mindanao,"

114 110 111 112 113 f the BARMM; "Bangsamoro Internal Displacement Program (BIDP)" refers to the document instrumentality of the Bangsamoro Government to ensure intergovernmental and inter-agency coordination and cooperation in addressing internal displacements in

120 1 126 127 130 132 134 135 138 144 14 115 11 11 118 119 12 123 124 125 128 129 131 133 136 137 139 140 141 142 143 145 147 148 h) "Child Abuse" refers to the maltreatment, whether habitual or not, of the child j)"Comprehensive Land Use Plan (CLUP)" is: a technicat document embodying specific g) 1} 2. Any act by deeds or words which debases, degrades, or demeans the intrinsic which includes any of the following: 4. Failure to immediately give medical treatment to an injured child, resulting indigenous groups, indigenous cultural communities, or clans; or between and among and/or from the BARMM during and after displacement as well as in their voluntary and safe return, local integration, or settlement elsewhere in the country; "Children" refers to any person under eighteen (18) years of age, as well as those neglect, cruelty, exploitation, or discrimination due to a physical or mental disability 3. Unreasonable deprivation of his or her basic needs for survival such as food "Clan war" refers to any conflict that may arise between members of different characterized by sporadic outbursts of retaliatory violence between and among families, kinship groups, and communities; proposals and strategies for guiding and regulating growth and/or development that mandated by Sec. 11 of the Act which shall include policies, plans, strategies, and the necessary guidelines in addressing the needs and protecting the rights of IDPs in over who are unable to fully care for thermseives or protect themselves from abuse, or condition; members of the same indigenous group, cultural community, or clan. It is Psychological and physical abuse, neglect, cruelty, sexual abuse, and in serious impairment of his/her growth and development, permanent emotional maltreatment; worth and dignity of a child as a human being; and shelter; or incapacity or death;

150 149 is implemented through a Zoning Ordinance. The main component of a CLUP in this usage, as defined by existing laws, are the land use plan and sectorai studies 151 including demography, ecosystems analysis (terrestrial and coastal), and special area 152 studies such as climate change adaptation, disaster risk reduction and management,

154 153 ancestral domain, biodiversity, heritage conservation, and green urbanism;

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188 155 151 157 18 174 171 178 179 184 18 15 159 160 16 16 163 164 165 166 117 119 170 17 17 173 175 17 180 18 1 8 183 185 18 n) "Durable solution" is achieved when IDPs: are able to resume a normal life, and no m)"Do no harm and safeguarding principles" refers to the set of humanitarian principles k "Division" refers to the Bangsamoro Internal Displacement Management and "Disaster" refers to a serious disruption'of the functioning of a community or a 2. The conditions of vulnerability that are present; and the following: 1. The exposure to a hazard; 3. Insufficient capacity or measures to: reduce or cope with the potential Disaster impacts may include loss of tife, injury, disease, and other negative Monitoring Division (BIDMMD) as defined ini the Act; may result from the failure to provide such assistance to the affected populations; society, involving widespread human, material, economic, or environmental losses effects on human, physical, mental, and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption, and environmental degradation; that obliges individuals and organizations extending humanitarian aid and support to prevent and strive to mitigate or minimize any harm or negative impact they may inadvertently cause through providing humanitarian assistance, as well as harm that displacement. Durable solutions are not to be understood as the mere return of the their displacement; and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of a combination of longer have any specific assistance and protection needs that are related to their displacement, and can enjoy their human rights without discrimination due to their iDPs to their former homes and/or by a reestablishment of the status quo before negative consequences.

189 19 O} "Free prior and informed consent (FPIC)"refers to the consensus of all members of 191 the indigenous cultural communities/indigenous peoples (ICCs/IPs) in accordance 19 193 1 4 195 196 manipulation, interference and coercion and obtained after fully disclosing the intent and scope of the plan, program, project, activity, whether private or public. The intent of such a proposal shall be disctosed to the ICCs/IPs in an understandable language and processes to the community; with their respective customary laws and practices that is free from any external

209 200 201 202 203 204 205 206 207 208 1 7 19 1 9 p} "Generalized and/or organized violence" refers to the purposeful and systematic use actions, causing arbitrary internal displacement of persons or communities. These methods include inflicting severe pain and suffering, killing, intimidating, threatening, and, in some cases, destroying a community, ethnic group, or political "Home-based displacement" refers to a situation of displacement whereby displaced not evacuation centers or camps established, organized, and managed by the of terror and brutality to control individuals, groups and communities, through the use of overwhelming force. It is characterized by widespread, massive or intense persons are hosted in private residences :or privately owned properties, which are government; opposition;

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210 r) "Humanitarian assistance" refers to any aid that seeks to save lives and alleviate

212 213 214 216 232 211 217 221 2 223 25 2 27 228 229 230 23 215 218 219 20 24 U} S) ( in accordance with the basic humanitarian principles of humanity, impartiality, "Internally displaced person (IDP)" refers to an individual or groups of individuals "International Humanitarian Law (IHL)" refers to the set of rules which seek, for independence and neutrality; suffering of a crisis-affected population. Humanitarian assistance must be provided "Internal displacement" refers to the involuntary movement, forced evacuation, or This occurs as a result of, or in order to avoid or minimize the effects of armed avoid or minimize, the effects of armed iconflict, situations of generalized and/or organized violence, violations of human rights, clan wars, political violence, land conversion or any other land conflict, aggressive implementation of development projects, or natural or human-made hazards or disasters; expulsion of any person, families, communities, or groups from their houses or places conflict, situations of generalized and/or organized violence, violations of human rights, clan wars, political violence, land conversion or other land conflict, aggressive implementation of development projects, or natural and human-induced and human- made hazards or disasters; who have been compelled to flee or leave their houses or places of habitual residence within the national borders. This displacement occurs as a result of, or in order to of habitual residence without crossing an internationally recognized state border?

246 27 23 23 5 237 234 236 238 239 240 241 242 243 244 245 w)"Protracted displacement" refers to situations of displacement in which tangible "Political violence" refers to the deliberate use of power and force to achieve are not or are no longer participating in the hostilities and restricts the means and area, or community; and to progressively reduce the vulnerability, impoverishment, and marginalization they face as displaced people, in order to regain a self-sufficient and dignified life and humanitarian reasons, to limit the effects of armed conflict. It protects persons who methods of warfare. It is also known as the law of war or the law of armed conflict; political goals, such as power or political control over a certain group, geographic progress towards durable solutions is slow or stalled for significant periods of time because IDPs are prevented from taking or are unable to take steps that allow them ultimately find a durable solution.

249 248 RULE II. DUTIES RELATED TO THE PROTECTION OF

250 HUMAN RIGHTS OF IDPs DURING DISPLACEMENT

252 251 Section 7. DUT!ES OF BMOAS AND LGUs 253 The primary duty of fulfilling and protecting the rights recognized under BAA No. 62 shall be

256 257 20 21 255 254 258 259 BMOAs shall coordinate all initiatives on internal displacement with the BIDCC working lodged with BMOAs and LGUs, in accordance with their existing mandates and such functions as prescribed by the Act. Thus, all BMOAs and LGUs shall integrate IDP protection and a through its Secretariat, including policy issuances as mandated by the Act and these rules. durable solutions perspective in their policies, plans, and programs. Section 8. COORDINATION

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285 286 287 262 213 264 215 267 268 20 24 25 271 278 280 28 1 289 291 216 269 21 272 273 2 279 282 283 284 288 2 0 2 2 2983 in ensuring and coordinating with the BMOAs, other government agencies, and Safeguarding" principles, the guidelines shall :also include protection against sexual exploitation and sexual abuse as found in Sec. 21 of the Act; and Section 9. STANDARDS OF HUMANITARIAN ASSISTANCE The BIDCC shall issue guidelines on the standards of humanitarian assistance, including those that ensure that the donations and material assistance that are provided to IDPs and other culturally sensitive, and for Muslim communities, halal-compliant. BMOAs, LGUs, and other aligned with BIDCC standards and best practices. Adhering to the "Do No Harm and charitable or welfare purposes, including those that are undertaken for IDPs. Section 10. RIGHT TO ACCESS BASIC NECESSITIES stakeholders for the provision of basic necessities during displacement in their respective area of responsibilities. displacement-affected communities contribute to the dignity and well-being of IDPs, are relevant stakeholders covered by this Act shall likewise draft service provision guidelines The MSSD shall regulate the conduct of fund drives, public solicitations, and donations for The LGUs, through the Local Internal Displacement Councils (LIDCs)s, shall take the lead b) Shelter, utilities, and water, sanitation and hygiene (WaSH) a) Food and potable water provide WaSH facilities, shelter, designate evacuation centers, and other temporary temporary sites are culturally sensitive, dignified, adequate, safe and compliant with government response agencies and humanitarian actors shall, to the extent possible and where relevant, ensure that food items bear a halal certification mark. At the very least, food items distribution shall comply with relevant resolutions and issuances of concerned BMOAs. The LGUs, with assistance from the Ministry of Social Services and Development (MSSD) and the Ministry of Human Settlements and Development (MHSD), shall Sites. LGUs shall ensure that WaSH facilities,: shelter, evacuation centers, and other In extending humanitarian assistance to communities with Muslim populations,

295 294 2 C) Clothing and essential non-food iterms regional and national standards.

2 97 2 8 2 9 300 302 301 Donated goods and basic necessities shall be subject to policies and guidelines issued by the BIDCC and/or the MSSD. LGUs, in coordination with the members of the concerned response clusters in existing response mechanisms in the BARMM, shall ensure that clothing and essential non-food items are provided to the IDPs.

304 305 303 To ensure optimal conditions for the health of iDPs and other affected populations, the Section 11. RIGHT TO HEALTH IN DISPLACEMENT

307 308 306 309 310 following shall take the lead in crafting and impiementing relevant policies and guidelines, in coordination with other stakeholders: a) The Ministry of Health (MOH), in the provision of health services that encompass preventive, promotive, curative, and rehabilitative aspects to the fullest extent

312 311 the health needs of vulnerable groups, such as women, children, persons with practicable and without unnecessary delay. Special attention shall be provided to

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33 35 313 314 317 322 323 324 325 327 328 329 332 336 315 31 318 319 320 31 32 330 331 33 337 lead in crafting and implementing relevant policies and guidelines, in coordination with other To ensure that education is not disrupted during iemergencies, the following shall take the Section 12. RiGhT To EduCAtiON IN DISPLACEMENt stakeholders: Section 13. RiGhtS OF WOMEN In DISPLACEMENt SitUATiONS a) The Ministry of Basic, Higher, and Technical Education (MBHTE), in implementing b) The MOH, in incorporating mental health: and psycho-social services (MHPSS) in its c) LGUs, through the LiDCs, in declaring schools and other areas as zones of peace, c) The B!DCC, on financial risk mitigation measures for IDPs, in consultation with the b) The MSSD, in designing programs to ensure that Early Childhood Care and guidelines to address health concerns of IDPs; and Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), and BMOAs with cash assistance schemes, to ensure accessibility of these measures education in emergencies during displacement to prevent disruption of learning; contagious and infectious diseases, maternal and infant deaths among IDPs; among IDPs. assigning child-friendly spaces, and implementing ECCD in emergencies program. disabilities, and the elderly, especially those living alone, and the prevention of Development (ECCD) in emergencies continue to operate; and

341 342 343 344 338 339 340 the lead in crafting and implementing relevant policies and guidelines, in coordination with other stakeholders: To ensure protection of the rights of women and: adolescent girls, the following shall take a) The Bangsamoro Women Commission (BWC), in the issuance of, and monitoring women, and addressing gender-based violence, exploitation and abuse in compliance with, policy advisories and guidelines in ensuring the protection of displacement:

346 345 34 348 350 351 352 349 b) BIDCC, in facilitating access to justice to displaced women and giris who face gender c) The MOH, in enduring that reasonable service standards and packages are available support for the protection and promotion of their human rights; to women and adolescent girls, such as the Minimum Initial Service Package (MISP) based violence and other acts of abuse and exploitation, and providing the necessary for sexual and reproductive health; and

354 358 353 355 35 35 d) BIDCC, in providing training opportunities:to community workers for them to assess in an effort to prevent and manage the consequences of sexual violence, prevent neonatal and maternal morbidity and -mortality, reduce sexually transmitted infections (STi) and human immunodeficiency virus (HIV), and provide reproductive the needs of displaced women and adolescent girls and to administer such services

310 359 361 Section 1 4. RIGHTS OF CHILDREN IN DISPLACEMENT SiTUATIONS health services.

363 314 362 To ensure that children's rights are protected during displacement, the following shall take the lead in crafting and implementing relevant policies and guidetines, in coordination with other stakeholders:

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315 31 376 38 3 32 378 379 380 317 31 370 373 374 375 377 Section 15. RIGhT To LiVeLihOod And/Or EmPlOYMeNT a)The MSSD, as the chair of the Regional Sub-Committee for the Welfare of Children b) The BIDCC, for the conduct of special free mobile birth registration drives for children c) The BIDCC, through relevant BMOAs, in coordinating with the security sector and forces' or groups.. and unaccompanied children; and other vulnerable sectors as stipulated in the Act, in recognition of the have better access to other rights and services; and other stakeholders towards the prevention of recruitment of children into armed the protection of displaced children, especially grave child rights violations during displacement. The guidelines shall also cover action to be undertaken for separated fundamental right of all children to be registered and have a legal identity and to (RSCWC), and in coordination with relevant BMOAs, in the issuance of guidelines on

381 38 383 To promote the total well-being and the resilience of IDPs, following shall take the lead in crafting and implementing relevant policies and guidelines, in coordination with other stakeholders:

388 391 384 385 386 3 8 389 3 0 3 2 393 394 3 95 3 a) The Ministry of Basic, Higher and Technical Education - Technical Education and Skills b) The Ministry of Labor and Employment (MOLE), in ensuring that IDPs have access tol c) Ministry of Trade, Investments, and Tourism (MTIT), in ensuring that availablel Development (MBHTE-TESD), in ensuring that provisions on right to equal access to context-specific skills training and development of iDPs are sufficient, whenever .programs in support of micro, small, and medium enterprises (MSMEs) do not unduly relevant agencies with mandates on livelihood, employment and other income generating opportunities on how IDPs whose incomes were affected due to applicable; decent work and gainful employment opportunities; exclude IDPs for lack of documentation. For this purpose, it shall coordinate with

398 399 400 4021) SectiOn 16. RIGht To CultUral HeritaGe, Identity, And PraCtiCeS 404 408 397 401 403 405 406 407 The BIDCC shall issue guidelines ensuring that all programs and projects specifically targeted as well as the protection of sites and zones with religious, cultural, or historic value: towards IDPs are culturally sensitive. j The following agencies shall issue guidelines or fatwa on matters within their mandates to safeguard the rights of iDPs to cultural heritage, identity, and practices during displacement, d) The Ministry of Agriculture, Fishers, and Agrarian Reform (MAFAR), in providing agri- displacement can avail of such programs; and fishery assistance programs;

410 413 415 40 411 414 412 a) Bangsamoro Darul-ifta' (BDI), on proper washing, funeral prayer for and burial of b) Ministry of Indigenous Peoples' Affairs (MIPA), on the culturally-sensitive manner of] C Office for Settler Communities (OSC), on the wake and burial of deceased burial of deceased indigenous people; deceased Mustims;

416 constituents who belong to settler communities; and

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419 418 423 41 420 421 422 SeCtiON 17. FreedOm OF MOVement d) Bangsamoro Commission on the Preservation of Cultural Heritage (BCPCH), on the knowledge, customs, practices, expressions, cultural heritage sites, artifacts, and objects during displacement. preservation of both tangible and intangible cultural properties, such as traditional

424 425 42 LIDCs shall ensure that: a) IDPs are allowed to move in and out of evacuation centers, transitory sites, or other settlements, as a matter of right, save for exceptional circumstances such as national

434 435 436 431 437 438 42 428 42 430 432 433 The LGUs, through the Local Civil Registry or Assessor's Office, in coordination with the Philippine Statistics Authority (PSA) or the Registry of Deeds, as the case may be, shall SeCtiOn 18. RIGht to ReCOGnitiOn, ISSUAnCe, And RePlACEMent OF DOCUMentS b) IDPs are allowed to visit their residences in the place of origin, as soon as the safety ) IDPs are allowed to seek safety in another part of the country, leave the country, and seek asylum in another country. reasonable order which must be issued in writing by the government; and security situation allows; and emergencies, pandemics, and those of similar nature, subject to any lawful and

444 440 442 443 439 441 445 their legal rights, including new documents or the replacement of documents lost in the course of displacement, without imposing .unreasonable conditions :and without the same in their own names. The guidelines to be formulated by the BIDCC, as provided in Sec. 14(b), shall likewise cover discrimination against men and women who shall have equal rights to obtain and to be issued facilitate the issuance to the iDPs documents necessary for the enioyment and exercise of

448 446 447 vulnerable sectors such as women, elderly, persons with disabilities, indigenous communities and populations that require assistance in civil registration.

449 450 451 452 453 454 455 The MSSD shall coordinate with the PSA in the latter's mandate under Section 7 of Republic Act No. 10821, otherwise known as "Children's Emergency Relief and Protection Act", in the: a) Development of a system for the restoration and reconstruction of civil registry b) Monitoring and reporting to ensure the continued access of the affected children to documents that have been destroyed or declared lost or missing during the course of displacement;

456 social services and facilitate the reunification of separated children with their

458 460 457 459 c) Development of a system for the registration of children born during a national or local state of calamity. families; and

463 461 462 The LGUs may issue a moratorium on the imposition of fees and other conditions required for the issuance of said documents. 464 465 466 467 468 The BIDCC shall establish and maintain transparent mechanisms for disseminating information and updates on all matters relevant to displacement, including relocation sites, budgets, policies, guidelines, and the progress of assistance programs. This information shall be made SECTION 19. RIGHT TO INFORMATION

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469 40 44 475 41 472 473 476 4 478 479 480 readily accessible to IDPs and other affected populations through appropriate channels and local integration, or settlement elsewhere in the country. in languages they understand. LIDCs shall take the lead in ensuring accurate, timely and comprehensive information The Division shall take the lead in consolidating information and provision of accurate, timely regarding their displacement situation, rights, available assistance, and plans for return, and comprehensive information to IDPs regarding their displacement situation, rights, available assistance, and plans for return, local integration, or settlement elsewhere in the country. The Division shall act as the official repository of IDP-related data, and shalt collect data,

483 484 490 481 482 485 486 48 488 489 inform the plans, policies and programs of the Bangsamoro Government regarding issues and maintain the same in a database containing number, age, sex, disability-disaggregated information, cause or type of displacement, whether the IDPs are in evacuation centers or home-based, indicating the length or duration of displacement, their vulnerabilities, origin and place of displacement, among others. The Division shall establish ciear guidelines on relevant displacement data that can be publicly accessed and presented, ensuring transparency while protecting the privacy and confidentiality of IDPs. Such database shall affecting IDPs. SeCTION 20. RIGHT TO PeRSONAL DATA PROTeCTION 491 The BIDCC, in accordance with Republic Act 10173, otherwise known as the "Data Privacy

4 5 493 494 492 from unauthorized use or disclosure. All agencies involved in data collection and processing shall comply with applicable laws on data protection and privacy, adopting measures to prevent misuse or abuse of such data. Act of 2012," and other applicable laws shall ensure the protection of IDPs' personal data

496 4 7 Section 21. FAMiLY ReuniFiCatiOn and TraCing the WhereaboUts oF MiSSIng

499 498 500 50 PERSONS AND THE DECEASED The BIDCC shall issue guidelines related to mechanisms that will ensure that families in loved ones. displacement stay together, and that missing relatives are traced and reunited with their

503 59 504 505 52 506 50 508 510 The BIDCC, in coordination with relevant national government agencies, including the security sector, shall provide conditions to expedite family reunification, search of missing persons, and collection and identification of remains of the deceased, with due respect to cultural sensitivities. For the tracing and reunification of orphaned, unaccompanied, and separated children, the MSSD shall coordinate with the appropriate agencies and offices and link its mechanisms thereto. Any non-government or private groups/organizations providing services related to

5 12 513 5 17 521 514 515 5 1 520 511 518 51 separated children or family reunification shall coordinate their efforts with the MSSD to ensure the best interest of the children and effective reunification processes. The BDI shall issue the necessary "fatwa" or religious edicts to guide relevant authorities on and fulfillment of the right of families to know the whereabouts of their missing relatives. IDPs in appropriate cemeteries when families are unable to return to their places of origin. The right of IDPs to visit the cemetery sites of their departed relatives shall be guaranteed, and the grave sites shall be protected and respected under all circumstances. the management of the mortal remains of Muslims, including exhumation, to ensure respect The MSSD shall provide burial assistance and LGUs shall facilitate the burying of deceased 10

523 24 528 529 530 531 522 525 52 57 532 shall be provided for IDPs with special needs, including, but not limited to, separated and of domestic violence and/or other forms of gender-based violence (GBV), elderly, and other relevant BMOAs and law enforcement agencies, shall take necessary measures to ensure community without discrimination of any kind, and live in satisfactory conditions of safety. unaccompanied children, women, expectant mothers, mothers with young children, survivors Section 22. SeCURItY ANd PrOtECtiON The Ministry of Public Order and Safety (MPOS) and concerned LGUs, in coordination with that IDPs are received in the areas to which they are displaced by the receiving or host dignity and security. The IDPs' right to liberty and safety of person shall be guaranteed. No one shall be subjected to arbitrary arrest and detention. Special protection and assistance

533 534 persons with disabilities or those with communicable diseases.

535 Section 23. PROPERTY AND PoSSESSIONS 53 The concerned LGU/s shall ensure that property and possessions of IDPs during displacement

540 537 54 554 55 556 538 53 54 52 543 5 54 54 58 54 550 55 552 553 of the National and Bangsamoro Governments, shall endeavor to facilitate the transportation displacement, subject to logistical considerations. are protected against the following acts: The LGU exercising territorial jurisdiction over the affected area or areas, with the assistance of such property and possessions of iDPs, in a'safe and secure area, during and after Section 24. HOUSING, LAND, AND PROPERTY b) Direct and indiscriminate attacks or other:acts of violence; c) Being used to shield military operations or objectives; a) Pillage or looting; d) Being made the object of reprisal; f) Become the subject of arbitrary and illegal appropriation, occupation. or use. e} Being destroyed or appropriated as a form of collective punishment and destruction, a

510 565 557 558 559 561 562 563 564 51 56 518 51 5 5 appropriation, or use. IDPs are exempt from payment of real property taxes and other local 260 of Bangsamoro Autonomy Act No. 49, otherwise known as the "Bangsamoro Local Governance Code of 2023." Land, housing, and other properties left behind by iDPs shall be protected from occupation. assessments relating to properties left behind while in displacement, as provided in Section In addition, the following measures shall be implemented: a) The MHSD, in coordination with other relevant agencies of the Bangsamoro specific rights may register any opposition to any alienation, transfer, or conveyance of property titles of these assets. It shall likewise maintain a registry of lands that Government as well as the Nationat Government counterparts with housing and land mandates, shall maintain a registry of properties that are left behind by those displaced. It shall inform other agencies' in order that title holders or holders of are under dispute in areas vulnerable to displacement;

575 573 54 5 b) The MIPA shall maintain a separate registry for lands claimed as ancestral domains in the foregoing paragraph, as may be applicable; by indigenous peoples' groups. In such a case, it shall perform the tasks of the MHSD

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576 579 5 80 582 583 584 578 581 5 c) The Bangsamoro Human Rights Commission (BHRC) shall investigate allegations of d) When appropriate, the National Government - Bangsamoro Government other appropriate measures and reliefs incident to such investigation, as provided in Intergovernmental Relations Body shall include in its agenda compensation for lost violations of IDPs' housing, tand, and property rights under this Section and extend Section 30 hereof; and or destroyed properties on account of or in the course of displacement.

585 5 9 613 614 615 586 5 87 588 589 5 90 5 93 5 4 591 110 61 61 591 5 2 595 59 598 10 101 102 103 1 105 10 17 608 1 612 In addition, IDPs shall be provided with conditions to facilitate the exercise of their right to for disseminating information and updates on all matters relevant to displacement, including information shall be made readily accessible to IDPs and other affected populations through election periods, the Bangsamoro Government and the concerned LGUs shall coordinate with the right to have access to the means necessary to exercise these rights. IDPs shall be as well as their return, local integration, or settlement elsewhere. To give effect to this right, consultations among IDPs and other affected populations shall be required: Provided, That it shall not delay the delivery of lifesaving, emergency, and other time-sensitive assistance. The consultation mechanism shall further ensure that men, women, children in accordance with their evolving capacities, and different sectors are among those consulted. The BIDCC shall set the standards' for meaningful participation of IDPs and feedback instrumentalities of BARMM, government-owned and controlled corporations, private entities, non-government organizations, international organizations, and private and state colleges and universities and schools operating in the BARMM. relocation sites, budgets, policies, guidelines, and the progress of assistance programs. This appropriate channels and in languages they understand. the Commission on Elections for the facilitation of voter registration and the establishment, management, and security of polting centers near evacuation camps or areas where a sizable number of IDP voters may be found. The IDPs shall not be discriminated against in the enjoyment of their right to vote, to participate in governmental and public affairs, inctuding for elections and work in different sectors of public service as civil servants, subject to Section 25. RIGHT TO PARTICIPATION The BIDCC shall ensure IDPs' active participation in the planning and management of their displacement situation, including management of camps and access to programs and services mechanisms for them on the nature and conduct of assistance from BMOAs and The Bangsamoro Government and LGUs shall establish and maintain transparent mechanisms political participation. To give effect to the right of IDPs to political participation, during provided with equal opportunities to associate freely, participate in community affairs, stand

618 619 620 622 624 625 62 628 617 62 123 12 Any IDP shall be entitled to claim and be awarded civil damages by any pubtic officer or employee, or any private person, who, directly or indirectly, obstructs, defeats, violates, or regional, local authorities, and other humanitarian actors. They shall not be punished or or persecution for requesting protection shall have the right to seek civil and administrative remedies as provided under Sec. 6(r) of the Act. SeCtiOn 27. RIGHT TO PURSUE CIVIL AND ADMINISTRAT!VE REMEDIES applicable election and civil service laws, rules, and regulations. SeCtion 26. RIGHT TO REQUEST PrOTECTION ANd HUMANITARIAN ASSISTANCE IDPs have the right to request for protection and humanitarian assistance from national, persecuted for making such requests for protection or assistance. IDPs who face punishment

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631 629 630 in any manner impedes or impairs any of the rights and liberties enumerated under the Act. In addition to civil liabilities, any public officer or:employee who is found guilty of the same acts shall also be administratively liable.

640 63 634 637 638 132 135 136 139 The rights and obligations herein provided shall not be interpreted as restricting, modifying Genocide, and Other Crimes Against Humanity", and those rights guaranteed under existing or impairing the provisions of any international human rights or international humanitarian 9851 otherwise known as "Philippine Act on Crimes Against International Humanitarian Law, national and regional laws. Section 28. OTHER RIGHTS law or rights granted to persons under existing laws such as, but not limited to, Republic Act

4 SeCtion 29. PROTeCtION AGAINSt CrIMINAL @FFENSES ANd OTHER UNLAWFUL ACtS

643 645 647 649 654 657 658 659 60 651 653 655 12 644 146 648 60 62 1o Criminal offenses and unlawful acts, if found to be committed in the course of or during and other special laws applicable in situations: of armed conflict, generalized and/or be enacted by the Bangsamoro Parliament, inciuding offenses that may be defined and displacerment, shall be prosecuted under the reieyant provisions of the Revised Penal Code organized violence, clan wars, political violence, violations of human rights, aggressive implementation of development projects, natural, human-induced and human-made hazards, including but not timited to the Philippine Act on Grimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, Republic Act No. 10121 otherwise known as "Philippine Disaster Risk Reduction and Management Act of 2010", the "Children's Emergency Relief and Protection Act, " as well as any relevant regional penal laws that may penalized under regional Shari 'ah laws. a) It shall be prohibited to commit any of the following acts against IDPs in all 2. Hostage taking; 1. Murder; 3 circumstances: Summary or arbitrary execution and enforced disappearance, including

63 664 666 617 668 619 63 64 65 661 11 165 670 171 672 b) Attacks or other acts of violence against IDPs who do not or no longer participate in L 4: Unlawful confinement. hostilities shall be prohibited in all circumstances, without prejudice to being held liable for any offense committed by them. In particular, IDPs shall be protected against: 3. Their being used to shield mititary objectives from attack, or to shield, in favor Starvation as a method of combat; of areas wherein attacks on civilians are permitted; abduction or unacknowledged detention threatening or resulting in death; and Direct or indiscriminate attacks or other acts of violence, including the creation

676 678 679 681 682 1 680 5. Use of anti-personnel landmines. 4 or impede the operations of the military, police, or any armed group; Attacks against any evacuation center, facility, encampment, or other settlements; and 13

6 684 683 685 c) IDPs, whether or not their liberty has been' restricted, shall be protected in particular against:

708 689 91 1 95 6 96 70 01 102 103 105 700 709 688 6 0 1 2 1 3 4 1 7 198 1 9 704 706 1. Rape and other outrages upon personal dignity, such as forced prostitution. 2. Mutilation, torture, cruel, inhumane, or degrading treatment or punishment; A 3. Any form of violence against children, such as trafficking, forced labor or 5. Acts of violence intended to spread terror among IDPs. Slavery or any contemporary form of slavery, such as sale into marriage, sexual exploitation, killing of children, torture committed against children, intentional or causal maiming of children, rape of children, and other forms enlistment of children into government forces and other armed groups, use or involvement of children in armed conflict in any capacity, attack on and other public places such as recreation parks, playgrounds, and malls and other violations of children's rights; sexual exploitation, or forced labor of children; and trafficking of persons, any act of gender-specific violence, or any form of indecent assault; of sexual violence, cruel, inhuman, and degrading treatment or punishment schools, hospitals, places of worship, evacuation centers, and settlements committed against children, abduction of children, taking children as hostages or using them as human shields, recruitment, conscription, or

710 13 14 715 124 125 12b 17 711 712 716 717 718 71 9 720 721 722 723 SeCtiOn 30. INVESTIGATION AND PROSECUTION OF VIOLATIONS AND OFFENSES TO THE d) IDPs shall not be interned in or confined in any evacuation center, facility, e) IDPs shall be protected against discriminatory practices of recruitment into the Threats and incitement to commit any of the foregoing acts under paragraph (c), subsections (1) and (3) above shall be prohibited and punishable by law. Government; and MSsD, in close coordination and consultations with the military and law enforcement agencies conducting operations, and other concerned offices of the Bangsamoro Armed Forces of the Philippines, law enforcement agencies, or any armed group as practices that compel compliance or punish noncompliance with recruitment shall be prohibited in all circumstances. or confinement is necessary, it shall not last longer than what is required by the a result of their displacement. In particular, any cruel, inhumane or degrading encampment or other settlements. if, in exceptional circumstances, such interment circumstances, as may be determined by the Bangsamoro Government, through the

728 31 133 734 72. 9 730 32 there are alleged human rights violations committed against IDPs. it may also undertake HUMAN RIGHTS OF IDPS The duty to investigate crimes and offenses committed against IDPs rests with the police. The BHRC shall tikewise have the power to investigate cases when there is a showing that preventive and mandatory measures incident to its investigation and may provide financial and legal assistance to victims of human rights violations, as provided for in Section 32, Chapter I, Article XVII of BAA 13, otherwise known as the "Bangsamoro Administrative Code. "

736 737 135 Prosecutor for the fiting of appropriate criminal cases against alleged perpetrators under the When warranted, the BHRC and/or the police shall coordinate with the local Office of the

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740 743 745 746 77 710 716 738 748 749 759 712 713 714 767 768 769 73 741 742 144 750 751 752 753 754 755 751 757 758 711 715 pursuant to Sec. 10 of the Act. relevant provisions of the Revised Penal Code and other special laws. It may also pursue Further, the BHRC shall include the results of its monitoring on the promotion and protection of the rights of IDPs in its Annual Reports. The BHRC shall coordinate with the Commission 47, Chapter 1, Rute XVII of Bangsamoro Administrative Code. The Bangsamoro Government, through the MSSD, Ministry of the Interior and Local shall have the primary duty to provide immediate relief and humanitarian assistance to IDPs, operations within its jurisdiction. of property and possessions of IDPs, and when warranted, shall provide or assist these persons Risk Reduction and Management Act of 2010" and other relevant national and regional laws, on Human Rights (CHR) on the sharing of information pertaining to resolved and/or pending cases with the BHRC, for purposes of issuance of the Human Rights Ctearance under Section SeCtion 31. IMMEDIATE ASSISTANCE TO (DPS Government (MILG), MOH, and other concerned agencies, as well as the constituent LGUs families, and communities. It shall ensure full cooperation and coordination with national agencies or authorities, such as the military and law enforcement agencies conducting The LIDCs shall coordinate with the concerned law enforcement authorities in the recovery in obtaining appropriate financial assistance or other forms of just reparation for loss or destruction of said property and possessions. The MSSD shall include in its regular programs a reasonable financial assistance program for the purpose of facilitating the return, local integration, or settlement elsewhere of IDPs. The reasonable financial assistance of the MSSD shall form part of durable solutions programs Existing mechanisms of relevant line agencies and those set up under the "Philippine Disaster rules, and regulations, shall continue to provide immediate relief and humanitarian assistance to IDPs and their families, and affected communities to the extent not expressly modified under the Act. remedies under international conventions.

770 771 772 especially in situations where the magnitude of the displacement, deaths, and destruction is The National Government shall likewise have the duty to provide assistance to IDPs.

773 775 774 71 especially if the displacement is a result of governiment law enforcement operations. so massive that the Bangsamoro Government will not be abie to adequately respond, Section 32. SAFE ANd FREE PASSAGE OF HUMANITARIAN ASSISTANCE 7 Humanitarian assistance to IDPs shall not be diverted for any political or military reasons. All

782 786 779 780 781 778 783 784 785 787 788 789 shall not be the objects of attack or other acts of violence. to the internally displaced and ensure rapid, safe, and unimpeded access to persons engaged in giving such assistance, their transport, and supplies to the displaced communities. They vehicles, and supplies are not unduly impeded. include information gathering, analysis, assessments and monitoring of displacement authorities concerned shall grant and facilitate the free passage of humanitarian assistance The BiDCC shall develop and adopt a protocol to ensure that mobility of humanitarian staff, The Division shall develop a profiling system that, upon adoption by the BIDCC, shall be used by all the BMOAs and LGUs as well as humanitarian actors and other groups. This system shall Section 33. MONITORING OF DISPLACEMENT

791 790 Situations.

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7 6 1 7 792 793 794 795 The LGUs, through their respective LIDCs, and using the system developed by the Division, shall lead in the conduct of assessments and validation of IDPs in their respective areas of responsibility. Ali BMOAs shall coordinate their assessment initiatives with the LIDC/s having jurisdiction over the areas to be profiled or assessed. Section 34. DaTa SharinG aMOnG BMOAS, LGUs and Other ReleVant 7 98 STAKEHOLDERS

80 803 84 805 7 9 80 802 A memorandum of agreement may be forged among relevant stakeholders to set the protocols may be shared with members of the BIDCC: Provided, That such data are aggregated and anonymized. The BiDCC may issue further guidelines and protocols on data collection, use adhere to the principles of transparency, legitimate purpose and proportionality. Data obtained from these assessment and monitoring activities and analyzed by the Division and sharing. Disclosure of information to the BIDcC members and guidelines thereof shall

810 87 808 89 806 the "Data Privacy Act of 2012" for data sharing at the individual, family, or community levels, subject to the provisions of RULE I!I. ADDRESSING THE ROOT CAUSES OF

811 DISPLACEMENT 812

813 SeCtion 35. PROTECTION FROM DISPLACEMENT AND AddITIONAL MEASUrES TO PREVENT 814 815 817 816 occurrence thereof. For this purpose, the Bidcc shall develop and adopt a standard The BIDCC or LIDC, whichever is applicable, shall lead in taking all measures to address DISPLACEMENT displacement, including instances of protracted displacement, and shall prevent the

818 820 819 821 account the local context and experiences within the BARMM. categorization of protracted displacement, including a specific timeframe, taking into Section 36. PREVENTION OF FORCED DiSPLACEMENT DUETO AGGRESSIVE 22 IMPLEMENTATION OF DEVELOPMENT PROJECTS

824 823 Displacement of populations caused by development projects shall be allowed only when it is authorized by law, justified by compelling public interests, deemed necessary to protect

826 828 830 831 833 825 827 82 832 and its adverse effects. To protect inhabitants of the BARMM from forced displacement due to aggressive these interests, and conducted with full respect for the human rights of affected persons. Prior to making any decision requiring the displacement of persons, the authorities concerned shalt ensure that feasible alternatives are explored in order to avoid displacement altogether. Where no alternatives exist, all necessary measures shall be taken to minimize displacement implementation of development projects, the BIDCC shall issue guidelines to ensure that 834 development projects do not resutt in unnecessary forced displacement, subject to the

841 836 837 838 83 835 840 following: a) At the Regional Government Level 1. Whenever a development project is planned and subjected for approval by any government authority or agency within the Bangsamoro, it shall be required that the proponent shall submit an impact assessment to Bangsamoro Planning and

16

842 846 87 84 849 843 845 848 2. The Ministry of Environment, Natural Resources and Energy (MENRE) shall require evaluation of the risk of displacement on the affected population including Development Authority (BPDA). The impact assessment shall include: (a) specific vulnerable sectors, such as women, children, and informal settlers and (b) the corresponding plans to mitigate, manage, or respond to such risk. Upon a finding of possible displacement, the BPDA shall refer the application to the BiDcc for review and recommendation;

8161 851 853 854 857 858 860 850 85 855 856 859 3. Notwithstanding the provisions in the preceding clauses, where the proponent of the Act; sections, such impact assessment shall no longer be reguired in the next stages applicants for Environmental Compliance Certificate (ECC) to provide the impact displaced by the project. if displacement is unavoidable, the assessment must has already submitted an impact assessment referred to in the preceding assessment. This assessment must demonstrate that no population will be relocation plan is in place for therm. The BIDCC, in coordination with MENRE, shall develop guidelines in assessing the proper implementation of the relocation plan for the issuance and/or renewal of permits or certifications as found in Sec. 5(b) show that the affected populations :have been consulted and a rights-based

863 86 82 84 5 4. When the affected population belongs to an ICC/IP community in the BARMM, the assessed is no longer the same; of the process, unless the last version of the document on record is more than five (5) years, or the situation has changed so drastically that the situation as

817 MIPA shall issue a Certification Precondition to attest that an area does not 818 overlap with any ancestral domain and that the FPIC has been obtained. 819 Whenever possible, they shall be guaranteed the right to return to their ancestral

873 876 88 80 882 883 884 871 87 879 81 80 87 874 875 85 8 b) At the Loca{ Government Level 5. All approving authorities shall ensure that the proposed development projects 1. No development project that would cause displacement shall be approved or with lands of quality and legal status at least equal to that of the land previously Land Use Plan (CLUP) in the Provincial Development and Physical Framework Plan implemented by tocal government authorities unless consultations pursuant to Sec. 25 herein are complied with. Upon a finding of possible displacement, the domains, as soon as the grounds for relocation cease to exist. When such return is not possible, as determined by agreement or through appropriate procedures, the MIPA shall ensure that the ICCs/IPs shall be provided in alt possible means occupied by them, suitable to provide for their present needs and future development; and have been vetted at the local level and are part of the approved Comprehensive (PDPFP}.

889 887 888 required. In which case, paragraph (a.2) of Section 36 shall apply. The impact local government authorities shall refer the application to the LiDc for review and recommendation. The LiDC may also determine if an impact assessment is

8 90 assessment shall include: (a) evaluation of the risk of displacement on the

8 4 8 91 8 2 893 affected population including specific vulnerable sectors, such as women, children, and informal settlers and (b) the corresponding plans to mitigate, manage, or respond to such risk. 17

8 5 8 8 7 8 8 8 9 2. The concerned LGU shall ensure that occupants in areas where such national or regional projects are to be implemented shall not be displaced unless appropriate relocation or resettlement sites and other measures to mitigate the adverse effects of displacement have been provided, in accordance with the provisions of the Constitution and applicable national and regional laws;

90 91 5 96 97 98 909 911 913 914 916 917 918 920 921 902 903 910 912 919 922 923 4 915 SeCtion 37. RESOLUTION OF CONFLICTS THAT DRIVE DISPLACEMENT a) Monitoring of implementation of peace agreements b) Resolution of ctan wars and political violence 3. Non-compliance with the requirements in this Section shall be a cause for non- sensitivity and prevention and provide information on rights during armed conflict. 4. All development projects shall be aligned with the Comprehensive Development Bangsamoro (CAB) and related issuances. for the effective settlement of clan conflicts, including but not limited to clan wars (locally known as "rido") and other horizontal conflicts in the region, as welt as for high rates of displacement. Such plans' shall integrate and emphasize conflict The BIDCC shall ensure that measures to prevent displacement due to conflict are aligned with the Annex on Normalization of the Comprehensive Agreement on the In accordance with its mandate under Title X, Section 3 of the Bangsamoro Administrative Code, the MPOS shall formulate and implement policies and programs the prevention of recurrence of such conflicts, especially in areas that experience approval or non-renewal of any permits or authorization issued by the LGU to private entities; and Plan - Executive-Legislative Agenda (CDP-ELA) of the province and/or where the development project is to be implemented. Comprehensive Development Plan (CDP) and CLUP of the city or municipality

924 925 928 92 930 92 27 of the "Bangsamoro Local Governance Code of 2023." mechanisms for resolving property disputes and' other matters that will prevent by the ad hoc bodies.of the local peace and order councils, as outlined in Section 128 Whenever possible, conflict resolution agreements, facilitated by the MPOS at the local level, shall include provisions regarding access to both formal and informat further displacements. This also applies to disputes, including rido, that are settled

932 931 The MPOS and the Peace, Security, and Reconciliation Office (PSRO) under the Office

936 934 9837 93 93 of the Chief Minister, and other offices and rido settlement mechanisms shall submit to the BIDCC a monitoring and assessment report of rido cases within its mandate, with a summary of cases resolved or settled every six (6) months. The BIDCC, through the reievant Ministries, shall ensure that alternative dispute resolution (ADR) in the Bangsamoro Region is mainstreamed in efforts to address clan 938 wars and political violence. 939 940 SeCtion 38. DISASTER PREVENTION AND PREPAREDNESS

944 945 91 942 943 BMOAs and Local Disaster Risk Reduction and Management Councils (LDRRMCs) shall include and ensure the respect, promotion, protection, and fulfillment of the rights of IDPs in the implementation of the Disaster Risk Reduction and Management Plans (DRRMPs), as provided in applicable regional and national laws and issuances.

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946 947 RULE IV. DUTIES RELATED TO ACHIEVING DURABLE

948 949 SOLUTIONS TO DISPLACEMENT

950 951 SeCtion 39. RETURN, LOCAL INTEGRATION, OR SETTLEMENT ELSEWHERE IN THE 952 953 954 955 956 958 959 910 913 914 915 91 957 91 962 917 918 91 970 97 972 The BIDCC, in cooperation with the concerned LGUs, shall have the primary duty and responsibility to establish conditions and provide means for IDPs to resume normal life by integrate voluntarily in their places of refuge, or settle in another part of the Philippines, taking into consideration the right of IDPs to choose a residence. The BIDCC, LIDCs, and other stakeholders shall respect and facilitate the free, empowered, and informed choices of IDPs, providing them with comprehensive information about the prior consultations and the full participation of IDPs during and after the planning and Section 6 (p) of the Act. evaluation mechanisms shall likewise be instituted to track progress, identify any challenges COUNTRY achieving durable solutions which may be facilitated by allowing the IDPs to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, to available options and the prevailing conditions in each location. This process shall include management of their chosen durable solution, in the manner consistent with the provision of The BIDCC shall establish clear timeframes and benchmarks for the implementation of each durable solution, ensuring that actions are both timely and effective. Regular monitoring and or gaps, and facilitate adaptive management. Section 4O. DurABLe SolUtiONS, WHeN AChieVED

986 987 975 971 977 978 979 981 982 988 973 974 980 983 984 985 on Durable Solutions for IDPs: A durable solution is achieved when IDPs no tonger have any specific assistance, and include the criteria as stipulated in the Inter-Agency Standing Committee (IASC) Framework protection needs that are linked to their displacement and can enjoy their human rights without discrimination on account of such. Displacement specific protection needs shall a) The need or human rights concern is the consequence of events causing displacement b) The need or human rights concern results from the displaced person's absence from The need or human rights concern is related to conditions in areas of return, local his or her home; being able to choose a durable solution; and or resulting from displacement; integration or settlement elsewhere in the country that pose an obstacle to the iDP

9 0 9 5 9 6 989 9 1 9 2 9 3 94 Relevant factors that may call for favoring certain locations for durable solutions over others include: d) The need or human rights concern is a consequence of a problem disproportionately 1.The wishes of the majority of IDPs; affecting IDPs, in particular if the problem results from discrimination.

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1002 1003 1004 1005 1008 1009 1010 1001 1006 1007 1000 9 9 998 997 2. Priorities identified in a peace agreement that take into account IDPs' rights, 3. The local absorption capacity for integrating IDPs in areas of return, local 5. Differences between areas with regard to the availability of natural resources. 4. Differences between areas with regard to security and available protection 6 Environmental sustainability of the durable solution envisaged (environmental needs and legitimate interests; integration or settlement elsewhere in the country; mechanisms, including disaster risks; sustainable livelihood and employment opportunities, infrastructure or public Services:

1011 degradation and resource depletion leading to a crisis in long-term viability or

1013 1016 1020 1023 1025 1012 1014 1015 1017 1018 1019 102 1022 1024 1026 1027 1028 1029 1030 Durable solutions are not to be understood as the mere return of the iDPs to their former homes and/or by a reestablishment of the status quo before their displacement. Mere Section 41. DURABLE SOLUTIONS!CRITERIA physical movement, namely returning to one's home or place of habitual residence, moving to another part of the country, or choosing to integrate locally often does not amount to a The options of IDPs towards durable solutions are:the following: b) Sustainable local integration in areas where iDPs take refuge (local integration); and] c) Sustainable integration in another part of the country (settlement elsewhere in the a) Sustainable return to the place of origin (hereinafter referred to as "return"); 7. The overalt cost of supporting different options, bearing in mind available coun try. creating a potential cause of conflict between IDPs and host communities); and resources and pledged donor funds.

1031 durable solution either, as the durable solution criteria must be considered. 1032 1033 1035 1034 In determining whether or not IDPs have already attained durable solutions to displacement, it shall be evaluated whether the IDP is able to enjoy the following rights without discrimination rooted in displacement: 1036 1037 1038 1041 1039 1040 1042 2. An adequate standard of living, including at a minimum, access to adequate food, 1. Long-term safety, security and freedom of movement; 3. Access to empioyment and livelihoods; and water, housing, health care and basic education;

1045 1047 1043 1044 1046 Depending on the context, it shall be part of the evaluation whether IDPs are able to benefit 4. Access to effective mechanisms that restore their housing, land and property or provide them with compensation.

1048 1049 without discrimination from the following: 20

1050 1051 1052 1054 1056 1053 1055 1057 5. Access to and replacement of personal and other documentation; 6. Voluntary reunification with family members separated during displacement; 7. Participation in public affairs at all levels on an equal basis with the resident 8. Effective remedies for displacement-related violations, including access to population; and

1063 1064 1065 1059 1061 1062 1058 1060 The criteria are not exhaustive, nor do they all need to be met in order to achieve durable solutions. Their applicability depends on the specific displacement context, as well as on the long-term needs and vuinerabilities of the displaced persons. DURABLE SOLUTIONS Section 42. DUTieS ReLATED To EnSUrING MEANINGFUL PArtICIPAtION OF IDPS FOr justice, reparations and information about the causes of violations.

1071 1073 1017 1068 1069 1070 1072 1074 1075 1077 1078 1066 1076 b) BIDCC and the concerned LIDCs shall ensure that IDPs actively engage/meaningfully a) The BIDCC shall set the standards for meaningful participation of IDPs and feedback state colleges and universities and schools operating in the BARMM; policy and plan development and enhancement, program imptementation, and mechanisms for them on the nature and conduct of assistance from BMOAs and assessment, community-led planning committees, co-design workshops, decision- making forums, feedback and grievance redress systems, and joint monitoring and evaluation processes. Their recommendations/perspectives may be integrated into instrumentalities of BARMM, government-owned and controlled corporations, private entities, non-government organizations, international organizations, and private and participate in all stages of planning for return, local integration, or settlement through structured and inclusive mechanisms, such as participatory needs

1079 1080 1081 accountability mechanisms to ensure solutions are responsive to their needs/priorities/aspirations/rights;

1083 1088 1082 1084 1085 1086 1087 1089 C As part of this process, the LIDCs shall facilitate "go and see visit" with the IDPs to impinging on the right to freedom of movement and the right of IDPs to choose their the places of origin so that the latter may make informed decisions as to their during this period. Findings, where necessary, shall be communicated to the IDPs. Advisories prohibiting or discouraging return shall be made by the LIDC, without residence; and displacement. LIDCs may, subject to availability of resources, provide support to IDPs

1090 1091 1093 1092 1094 Section 43. DUTiES RELATED TO RETURN OF IDPS TO THEIR PLACES OF ORIGIN d) Pursuant to Sec. 19 herein, BMOAs and LGUs shali establish transparent and solutions plans. accessible mechanisms for the dissemination of complete information on durable

1095 1091 1097 1098 1099 of IDPs to their places of origin or habitual residence, within the following parameters: The Bangsamoro Government and LGUs shall facilitate the voluntary, safe, and dignified return of IDPs to their places of origin or habitual residence. The BIDCC shall issue such guidelines as to facilitate the voluntary, safe, and dignified return

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1100 1101 11003 1104 1105 1106 1102 1107 a) The BIDCC shall coordinate with other concerned offices and agencies of the national b) Plans for the return of IDPs shall, to the extent possible under existing laws, refrain full participation of IDPs to plan for the return of IDPs to their piaces of origin; from imposing administrative requirements that may limit or delay the possibility of IDPs returning to their homes; and Bangsamoro Governments and LGUs concerned and with prior consultation and

1108 C} When, for reasons of safety and security, IDPs are still unable or not allowed to

1110 1 109 relevant government agencies, shall pursue all available means to create favorable return, the concerned authorities, in coordination with the security and other

1111 1112 1113 1114 d) Under no circumstances shall IDPs be encouraged or compelled to return or relocate conditions for return such as clearing the area of unexploded ordnances (UXOs), peacekeeping operations and others;

1117 1124 1115 1116 1119 1120 1121 1123 1125 1118 1122 e) BMOAs, LGUs and other stakeholders with roles in the Recovery and Rehabilitation f ) Recommendations from the security sector or appropriate agencies may be healthcare and education; livelihood and: employment; and accessible mechanisms to address issues of housing, land and property; and to areas where their life, safety, liberty or health would be at risk; Plan related to the return of iDPs shall ensure that the following standard conditions are met, subject to the specific displacement context, as well as on the long-term needs and vulnerabilities of the displaced persons: safety of places of origin; adequate standard of living, including food, clothing, shelter, and WaSH; access to

1126 considered by L!DCs for the declaration of return without impinging on the right to

1128 1127 1129 SeCtion 44. DUTiES RELATED TO LOCAL INTEGRATION OF IDPS IN THE!r PLACES OF freedom of movement and the right of IDPs to choose their residence.

1130 DISPLACEMENT

1132 1134 1135 1137 1138 1139 1140 1141 1131 1133 1136 paragraph (e), Section 43 above. If the local integration takes place outside BARMM and pursuant to Sec. 13 of the Act and The BIDCC and concerned LGUs shall facilitate the voluntary integration of IDPs into the host community where they have sought refuge. When iDPs choose to voluntarily integrate into their host communities, the host LGU shall ensure the integration of IDPs into their community and grant IDPs the same rights and access to services as other residents of the host community. The BIDCC, concerned LGUs, and other stakeholders with roles in the Recovery and Rehabilitation Plan related to the local integration of IDPs shall ensure that the standard conditions are met, as provided in Rule X herein, the BIDCC shall coordinate with national authorities and relevant LGUs to

1143 1146 1147 1142 1144 1145 1148 An IDP's choice of local integration or settlement elsewhere in the country, in the absence facilitate their safe, dignified, and sustainable local integration. should that choice later becorme feasible. Section 45. DUtIES ReLATED To SeTTLEMENT OF IDPs WItHIN BARMM ANd of the option to return, shall not be' regarded as a renunciation of his/her right to return

1149 1150 1151 in ensuring the integration of IDPs into their community. In cases where IDPs decide to When IDPs choose to votuntarily settle elsewhere within BARMM, the BIDCC shalt assist LiDCs ELSEWHERE IN THE COUNTRY

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1154 1152 1153 1155 1156 1157 1158 1159 stakeholders with roles in the Recovery and Rehabilitation Plan in relation to the relocation/ settlement of IDPs shall ensure that the same standard conditions set forth in paragraph (c) relocation/ settlement of IDPs in their chosen areas. The BMOAs and LGUs shall ensure that these IDPs receive the necessary support and assistance to successfully integrate into their new communities. BMOAs, LGUs, and other voluntarily settle or relocate outside the BARMM within the Philippines, the BIDCC shall coordinate with national authorities and LGUs to facilitate the voluntary, safe, and dignified

1160 1161 of Section 43 herein are met.

1162 Section 46. AsseSSMeNT TooL

1167 1166 1168 1163 1164 1165 IDPs, whether in protracted displacement contexts or those in the return or settlement sites. Pursuant to the durable solutions strategy adopted by the BIDCC, the Division shali develop assessment tools to measure the extent to which durable solutions have been achieved for RULE V. REGIONAL PROGRAM TO ADDRESS

1169 INTERNAL DISPLACEMENT

1170 1171 Section 47. THE BANGSAMORO IDP PROGRAM (BIDP)

1181 1182 1183 1184 1187 1190 1192 1180 1185 1186 1188 1189 1191 1193 1194 1195 1196 1172 1 173 1174 1175 1176 1177 1178 1179 the needs and protecting the rights of IDPs during and after displacement as well as in their adopted by the BIDCC after deliberations, based on a draft submitted to it by the Division. The BIDP shall be designed to be flexible and responsive, enabling it to adapt to the unique livelihood programs, psychosocial interventions, programs ensuring transparency and the full be given special attention and assistance. The BIDP shall also include measures to prevent The BIDP shall set out policies, plans, strategies, and the necessary guidelines in addressing voluntary and safe return, local integration, or settlement elsewhere in the country. The BIDP should make reference to the Recovery :and Rehabilitation Plans of LGUs with displacement incident/s. At the minimum, the BIDP shall contain: The BIDP, which includes policies, plans, strategies, and the necessary guidelines, shall be circumstances of each displacement situation. The program may include financing assistance participation of IDPs in decisions important to them, especially in their durable solutions) armong others. Indigent families, women, children, elderly, and persons with disabilities shall displacement. Section 48. CONTENTS OF THE BIDP b} a a situation report of the displacement situation across the BARMM, with the a surmmary of displacement data, referencing Situation Reports and previous accomplishment reports by the Bangsamoro DRRMC (or BDRRMC) and various BMOAs, and lessons learned therefrom; proper contextualization for each province or area;

1197 11 9 1200 1198 1201 C a three-year plan that includes: 1. policies, strategies, programs and activities to address .internal achieving durable solutions to displacement; Provided, That these are displacement, protect IDPs in the course of displacement, and work towards

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1205 1207 1212 1213 1214 1202 1203 1204 1206 1208 1209 1210 1211 2. timeline and identification of the: responsible agencies, in accordance with 3. discussion on how the iDP response/durable solutions plan per sector or 4 indigenous peoples, persons with disabilities among others; their mandates under the Act and existing laws; responsive to the needs of vulnerable sectors including women, children, a capacity building plan for the: Division and relevant staff of the various Government, such as, but not limited to, the regional development plan, investment plan, DRR plan, CLUP, and local devetopment plans at the local thematic area integrates with other strategic plans of the Bangsamoro level; and

1215 1216 displacerment; BMOAs, LGUs, and other stakeholders with mandates on internal

1218 1219 1221 1217 1220 12 O measures to harmonize the work of the various mechanisms at the local levet DRR Council; coordination measures with LGUs outside the BARMM for assistance to IDPs from such as, but not limited to, the Peace and Order Council, Development Council.

1223 1225 12 1224 1227 f the BARMM, and non-BARMM residents displaced to areas within the BARMM; mechanisms to ensure flexibility in the assistance provided to IDPs to ensure that assistance is based on actual need and unique circumstances of each displacement situation and not a "one-size-fits-all" approach;

122 123 1232 1235 1228 1230 1233 1234 1236 Section 49. PERIOD COVERED BY THE BIDP h} g} measures to ensure the meaningful participation of IDPs, especially those from and a provision for "functionality assessment" of mechanisms mandated to be the vulnerable and marginalized sectors in the planning process of the BIDP; established in LGUs.

1241 1244 1246 1239 1240 1242 1243 1245 1237 1238 The BIDP shall cover a three-year period to be reviewed annually by the BIDCC. During the In addition, the BIDCC shall work with LGUs so that the goals and strategies of the BIDP are LGUs in the manner provided in Section 15(b) of the Act. In the crafting of the BIDP, the BIDCC, through its appropriate Committee as well as the review and consolidation process, BIDCC shall take into account existing development plans and DRRM plans that may already have been approved by the Bangsamoro Government. adequately reflected and mainstreamed in the local development plans of the constituent Section 50. PROCESs

1247 Division, shall ensure that: 1248 a) IDPs, especially women, youth, and other vulnerable sectors, leaders of host

1251 1250 1249 1252 b) coordination with concerned BMOAs, LGUs and other stakeholders are in place; and communities, civil society organizations (csOs), religious and traditional leaders are consulted in the formulation of the BIDP;

1253

2

1262 1254 1256 1257 1258 1260 1261 1255 159 Section 51. MONITORING BIDP IMPLEMENTATION The BIDCC shall conduct the monitoring and evaluation of the BIDP, with technical assistance and support from the Division. c) proper planning of preparatory activities:such as consultations and data gathering RULE VI. are undertaken to ensure that the BIDP is adopted within the set timeline. RECOVERY AND REHABILITATION PLAN 1263

1264 Section 52. ReCOVERY ANd ReHABilITaTiON PAn

1268 1269 1270 1271 1265 1266 1267 years with the support from the Division, MILG, and the BPDA. The LGUs exercising territorial jurisdiction over 'the displacement affected area or areas where there is displacement shall craft their Recovery and Rehabilitation Plans valid for three The Recovery and Rehabilitation Plan shall be applicable to situations of protracted displacement and shall be for IDPs who opt to return, locally integrate, or settle elsewhere. Recovery and Rehabilitation Plans shall be based on the specific displacement context. as

127 1283 1285 1286 1288 1272 1273 1274 1275 1276 1278 127 9 1280 1281 1282 1284 1287 1289 1290 designed to prevent the threats or minimize the risks of secondary displacement due to limited to, women, children, and persons with disabilities at all times. effective remedies for displacement-related violations, including access to justice, reparations and information about the causes of violations. transitory shelters, the LGUs concerned shall follow established due diligence requirements concerned shall include and consult iDPs, including vulnerable sectors, such as, but not Subject to the specific displacement contexts, as well as on the long-term needs and vulnerabilities of the displaced persons, the Recovery and Rehabilitation Plans shall include the following: standard conditions, long-term safety, security and freedom of movement; adequate standard of living including food, clothing, shelter, and WaSH; access to health of housing, land and property; access to and replacement of personal and other documentation; voluntary reunification with family members separated during displacement; participation in pubtic affairs at all levels on an equal basis with the resident population; and In selecting the locations, crafting of the designs, deciding on the management or system of administration of the sites, and the other requirements for setting up the temporary or well as on the long-term needs and vuinerabilities of.IDPs. Towards this end, the LGUs care and education; livelihood and employment; and accessible mechanism to address issues

1292 1291 natural hazards, existence of conflicting land or other legal claims, and other causes.

1293 12 94 RULE VI. THE BANGSAMORO INTERNAL

1295 DISPLACEMENT COORDINATING COUNCIL (BIDCC) 1296

1300 130 1297 1298 1299 1302 through existing government mechanisms and in accordance with applicable laws and intergovernmental and inter-agency coordination and cooperation to address issues related to internal displacement and iDPs and recommend appropriate actions to resolve issues regulations. Section 53. FUNCTION The BIDCC is the main instrumentality of the Bangsamoro Government to ensure

1303

25

1305 1304 1306 The BIDCC shall serve as the representative of the Bangsamoro Government on IDP-related matters outside the region.

1307 1308 1310 1311 1316 1317 1322 1324 1325 1326 130 1331 1309 1312 1313 1314 1315 1318 1319 1320 1321 1323 1328 1327 132 Section 54. CoMPOSITION The BiDCC is composed of the following: j) The Minister of indigenous Peoples' Affairs (MIPA); E f)The Minister of Science and Technology (MOST); g) The Minister of Health (MOH); c) The Minister of Human Settlement and Development (MHSD); d) The Minister of Pub(ic Works (MPW); e)The Minister of Agriculture, Fisheries, and Agrarian Reform (MAFAR); h} 1} a): The Minister for Social Services and Development as Chairperson, b k The Minister of the Interior and Local Government as Vice Chairperson. The Chairperson of the Bangsamoro Human Rights Commission (BHRC): The Chairperson of the Bangsamoro Women Commission (BWC); The Minister of Basic, Higher and Technical Education (MBHTE); The Minister of Public Order and Safety (MPOS);

1342 1344 1346 1361 1362 133 1334 1335 1336 1337 1338 1339 1340 1341 1343 1345 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1358 1360 1332 1357 1359 decision-making. It shall oversee the implementation of the BIDP and ensure that the BIDCC The members shall regularly attend meetings, participate in the deliberation proceedings of The Division shall serve as the Secretariat of the BiDCC. The Chairperson shall preside over meetings of the BiDCC, ensuring orderly discussions and performs its functions effectively. In the absence of the Chairperson, the Vice Chairperson shall perform the former's functions. the BIDCC, and report accomplishments. p) The Bangsamoro Mufti of the BDI; s) Provincial Governor/s of the affected provinces; q)The Executive Director of the OSC; t)Two (2) representatives from IDPs in the BARMM;and o) The Executive Director of the Cooperative and Social Enterprise Authority (CSEA); n) The Director-General of the BPDA; u) Two (2) representatives from civil society. m) The Chairperson of the Bangsamoro Youth Commission (BYC); r} The Regional Director of the Police Regional Office in the Bangsarmoro Autonomous Region (PRO BAR);

2

1363 SeCtiOn 55. SELECTION OF REPRESENTATIVES FROM THE CIVIL SOCIETY AND IDPS

1365 1364 The BIDCC shall adopt a set of criteria for the selection of the CSO and IDP representatives, taking into consideration representation of both mainland and island province CSOs and IDPs, 1366 1367 The criteria shall be widely disseminated, and the Secretariat shall receive the nominations as well as that of women and children.

1368 and prepare a long list of nominees.

1370 137 1372 1375 1369 1373 1374 1376 The BIDCC shall form a Selection Committee from among its members, which shall then apply After deliberations by the B!DCC, the Chairperson shall, with the concurrence of the members, appoint the chosen two (2) representatives from CSO nominees and two (2) from the nominees of IDPs. Section 56. TermS OF OFFiCe OF CSO and IDP RePreSentatiVeS the criteria and submit a short list of nominees to the BIDcc.

1378 1379 1377 1380 1382 1383 1381 The terms of the succeeding representatives shall start 30 days after the selection. to ensure proper transition. three (3) years. Representatives of the CSO and iDP communities to the BIDCC shall hold their position for Incumbent representatives shall continue to serve on a holdover capacity within the 30 days

1384 1385 Appointment to any vacancy occurring during the term shall be for the unexpired portion thereof. 1386 1387 SeCtiOn 57. HONORARIA AND/OR PER DIEMS OF CSO AND IDP REPRESENTATIVES TO THE 1388 BIDCC

1393 1396 13 7 13 9 140 1392 1394 1395 1398 1401 1402 1403 1404 1405 1406 1389 1390 1391 Representatives of CSOs and IDPs to the BIDCC shall receive honoraria and/or per diem for the same meetings. Ad hoc members are members who are considered members of the BIDCC during meetings where a specific instance or issue of displacement is to be taken up. During such meetings, SeCtion 59. OBSERVERS AND RESOURCE PERSONS official meetings thereof, in accordance with existing rules and regulations: Provided, That they do not receive any similar emolument or allowance from any other entity for attending Section 58. AD HOC MEMBERS ad hoc members have voting powers. Outside 'of the specific instance or issue under discussion, they may sit in the BIDCC as observers. a) Provincial Governors, on displacement occurring within their areas of responsibility; b) Mayors of the municipalities from and to which the IDPs were displaced, with the c) The Executive Director of the Bangsamoro Information Office (BIO) approval of the BiDCC; and

1407 Where necessary, the BIDCC, through the Chairperson, may invite the following to its

1409 1408 1410 1412 1414 1415 1411 1413 meetings to provide assistance and technical support: a) Ad hoc members of the BIDCC, when attending meetings outside of the terms of their b) Regional counterparts of BARMM agencies from other regions which are hosts or C The Office of Civil Defense covering regions adjacent to the area of displacement; membership; origins of IDPs;

2

141 1420 14 1417 1418 1419 1421 d) Representatives of national or sub-national agencies or bodies, for cases of e) Other persons invited by the BIDCC or the Committees to render technical or expert displacements of BARMM resident and their relocation to areas outside of the region; and advice on matters under consideration. 1423 1424 Section 60. MEETINGS OF THE BIDCC

1441 142 1431 1434 1436 1437 1438 1439 1440 1442 1425 1426 1427 1428 1430 1432 1433 1435 SeCtion 61. RELATIONSHIP AND INTERFACING WITH THE BDRRMC a) The BIDCC shall meet, in-person or online; once each quarter, or as the need arise. c) Meetings of the BIDCC shall be chaired by its Chairperson, and in his/her absence, by d) Notice of the regular quarterly meetings shall be sent at least three (3) days in b) Attendance of a simple majority of voting: members shall be sufficient to constitute All policy issuances, plans and reports, and communications shall be signed by the a quorum. In appropriate cases, decisions shall be made through the vote of the the Vice Chairperson/s. Such delegation may be permitted depending on the urgency advance, with the attached Order of Busiriess. BIDCC's internal rules of procedure. majority of those present, there being quorum. Chairperson, except when others are otherwise allowed in accordance with the of the issue/s to be resolved.

1448 1443 1445 1447 1449 1444 1446 1450 management. The BIDCC may, when deemed eXpedient, convene joint meetings with the BDRRMC for the tactical levels in relation to its primary mandate over disaster risk reduction and The BIDCC shall coordinate and provide guidance to the work of the BDRRMC at the policy and strategic levels on broader aspects of displacement management: Provided, That the BDRRMC shall perform its functions on displacement management at the operational and Section 62. JOINT MEETINGS WITH THE BDRRMC

1452 1453 1451 resolution of jurisdictional issues between the two Councils. alignment of policies, harmonization of guidelines, standardization of tools and other information management systems and coordination of efforts during disasters, as well as

1454 1459 1460 1455 1458 1456 1457 Meeting with the BDRRMC for the purpose of determining and resolving possible operational Section 63. CoMMITTEES OF THE BIDCC Within 90 days from its first meeting as a Council, the BIDCC shall shall convene a Joint overlaps. a) The BIDCC shall determine the composition of each Committee, including the

1465 1461 1463 1464 1462 b) The powers and functions of the BIDCC shall be dispensed through the following Chairpersons and Vice Chairpersons thereof, and shall be formalized through the issuance of a memorandum. The BIDCC may develop internal rules for the effective performance of its functions and duties.

146 Committees: 1467 1468 1. Committee on Policy Standards, Planning, and Reporting

28

149 142 1473 1474 1475 1471 1470 1. In coordination with the Secretariat, it shall review and adopt plans, Ensure that vulnerable sectors, including women and children, are able policies, and strategies for the protection and promotion of the rights of IDP for adoption of the BIDCC; to fully and meaningfully participate in the planning for assistance, and ensure the responsiveness of regional policies relating to IDPs; 1476

1478 1481 1477 147 1480 I. In. Review plans of BMOAs in so far as such plans concern internal resolution of displacement; displacement, including the protection of IDPs, and prevention and Ensure that situation reports and accomplishment reports of BMOAs are

1483 1482 1484 V referenced and considered as inputs in the drafting of the BIDP; and Review the draft BIDCC Annual Report prior to submission to the Chief 1485 Minister.

1488 1486 1487 2 Committee on Local Government Capacity Ensure the plans of LGUs on IDP protection and promotion of rights are

1492 1493 1489 1490 1491 I considered in the planning of regional programs; Ensure that the LGUs are supported in mainstreaming the BIDP and other related plans within their respective planning policies and documents and in the crafting of their local Recovery and Rehabilitation Plans;

1498 1494 1495 1496 1499 150 1497 1501 11. IN. Support the local Sangguniang Pantalawigan, Sangguniang Panlungsod, and Sangguniang Bayan in the crafting or harmonization of IDP protection Provide advice to LGUs in the design of local infrastructure projects, in ordinances and other local measures, when requested. so far as these can serve as alternative shelters or evacuation facilities during displacement;

1502

1504 1503 1505 3. Committee on Emergency Response With the support of the Secretariat, oversee the coordination of all actors rendering assistance during the first 48 hours of displacement with

15 12 1506 1507 1508 1509 15 10 15 11 I the BARMM Rapid Emergency Assistance on Disaster Incidence (READi); resolve issues on the matter through existing government mechanisms and in accordance with applicable laws and regulations. the members of the BIDCC and other mechanisms in the BARMM such as and Recommend appropriate actions to provide emergency response and

1513 1514 1515 1516 1517 4. Committee on Recovery, Rehabilitation and Relocation Lead the development of the standard categorization of protracted displacement including a specific timeframe, taking into account the local context and experiences:within the BARMM;

1520 1518 1519 15 I. Consolidate and review recovery, rehabilitation and relocation plans for IDPs who opted to return, locally integrate, or settle elsewhere, as submitted by BMOAs and LGUs; 29

1522 1530 1523 1524 1525 1527 1528 1529 1526 5. Committee on Stakeholder and Public Engagement 11. N Y With the support of the Secretariat, harmonize efforts pertaining to Coordinate and harmonize efforts and movements towards durable Ensure that protection and durable solutions are integrated into the design of such plans pursuant to the criteria in Sec. 40, Rule IV. solutions to displacement; and

1531 1532 153 I concerns raised by human rights and humanitarian organizations; Raise awareness on the issue of internal displacerment in the Bangsamoro

1539 1536 1537 1538 1534 1535 Th. agencies and instrumentalities of the Bangsamoro Government; and Ensure multi-stakeholder cooperation and coordination with the full and Vulnerable sectors in the work of the BIDCC. at the international, national, and regional levels as well as among all meaningful participation by IDPs including women, children and other

1541 1540 1542 1543 C Committee plans and reports shall contain a separate section on how protection for 6. Other committees as the BIDCC may deem necessary.

1545 1544 internally displaced women, children and ICCs/IPs and durable solutions are upheld and observed. 1546

1548 1549 1547 1550 Section 64. MEETINGS OF THE COMMITTEES d) In dispensing its mandate, each Committee may propose standards, forms and other tools that may assist it in functions, for adoption by the BiDCC.

1551 1555 1552 1553 1554 Notices of committee meetings shall be sent to members and resource persons at least three and Secretariat. Section 65. TeChNICAL WoRKING GrOUPS ANd Ad-HOC BODIES (3) days prior and signed by the Committee Chairperson, with notice to the BIDCC Chairperson

1556 1557 The Chairperson of the BIDCC may authorize the formation of such Technical Working Groups (TWG) or any other ad hoc bodies to aid in the work of the BIDCC including those at the

150 1559 1558 Committee level.

1561 Rule vili. THE BANGSAMORO INTERNAL

1562 DISPLACEMENT MANAGEMENT AND MONITORING

1563 DIVISION (BIDMMD) OF THE MSSD 1564

1569 1570 1565 1566 1567 1568 Section 66. FUNCTIONS AND STRUCTURE OF THE DIVISION Under the supervision and control of the Programs and Operations Services of the MSSD, the members on the minimum standards of humanitarian assistance, and render technical support to BMOAs, LGUs, and other stakeholders in crafting, implementing, monitoring and evaluation Division serves as the Bangsamoro Government's institutional and administrative focal point for IDPs and the Secretariat of the BIDCC. The Division shall advise the BIDCC or any of its

1571 of IDP poticies, plans, and programs. 30

1573 1575 1576 157 1579 1580 1583 1572 1574 1578 1581 1582 1584 1585 158 The functions of Division, as enumerated under Section 18 of the Act, are hereby clustered as follows: a) Planning and Development Section 2. Operationalize the policies issued by the BIDCC in pursuance of the Act, and work 1. Formulate the BIDP, in consultation with !DPs especially women, children, 3. Coordinate and consolidate displacement reports submitted by the LiDCs and Rehabilitation Plans, respectively; vulnerable sectors, other affected populations, and stakeholders, for review, consideration, and approval of the BIDCC: Provided, That the BIDP shali consider the Recovery and Rehabilitation Plans: of the regional and local DRRM; closely with and provide technical assistance to BMOAs and LGUs in the formulation, implementation and monitoring of the BIDP and tocal Recovery and

15 92 1587 1588 1589 15 0 1591 15 93 1594 b) Policy and Coordination Section 4. Draft annual accomplishment reports in collaboration with other sections in the 1. Policy Division to be submitted to the BIDCC for review and approval. other reliable sources; and J Develop guidelines and minimum standards of humanitarian assistance

15 96 1595 1597 for the effective implementation of the Act, including the crafting and periodic review of the standard categorization of protracted displacement;

160 1604 1601 1602 103 1598 1599 2 Coordination I I. Develop evidence-based policy and research agenda;and Formulate, harmonize, and translate research results and findings into policies and legislative agenda.

1605 1606 1607 1608 1609 110 11. Coordinate and monitor the implementation of the BIDP, track humanitarian activities and assistance to IDPs, and adopt tools for this purpose; Advise the BIDCC on the status of operations and conditions of IDPs, with the support of the Information and Management Section;

1612 1611 113 1614 I. To ensure complementary efforts, coordinate with the B/LDRRMC in addressing internal displacement caused by disasters and other emergencies;

1617 1624 1616 1621 1615 1618 1619 1620 1622 1623 N. Assist in and coordinate, through the BHRC and the CHR, the conduct of concerned authorities, including the implementation of applicable mechanisms on transitional justice and reconciliation; and Maintain a directory of humanitarian actors working in the BARMM and regularly update these. public inquiries, the documentation of violations human rights, assistance to IDPs seeking redress of grievances, and the response by the 31

1625 162 3. Monitoring 1 Monitor the development and implementation of LiDC plan;

1628 1629 1630 1631 1632 1627 T I. Monitor the development ahd implementation of policy issuances mandated by the Act; various laws, guidelines, codes or technical standards as required in the Monitor and evaluate the compliance and enforcement by BMOAs of the

1634 1639 1641 1642 1633 1635 136 1637 1638 1640 V. N Monitor and assess efforts and movements towards the attainment of the BIDCC's Order of Business; Establish a donation monitorinig system; and Act; Establish an IDP grievance and referral mechanism and monitor the issues and actions taken thereon, including complaints on property loss and damage, and raise unresolved matters to the Chairperson for inclusion in

1644 1645 1647 1651 1643 1646 1648 149 1653 155 156 1650 1652 1654 1. As the official repository of all iDP-related data in the BARMM, the Division, c) Information and Management Section L Develop an assessment tool, for the approval of the BIDCC, to be used for the database containing information on displaced persons as to the number, age- centers or home-based, indicating the length or duration of displacement, their of children, women, persons with disabilities, among others; through this Section, shall establish, maintain and update a displacement ,sex-, and disability-disaggregated information, origin and place of displacement, cause or type of displacement, whether the IDPs are in evacuation vulnerabilities and current needs, including sector-specific needs such as those durable solutions for IDPs, with the criteria to be set by the BIDCC.

1659 1657 1658 identification of IDPs, monitoring of access to rights and services, and pursuit of durable solutions: Provided, That the lack of an assessment tool, however, shalt not preclude access to rights and services by IDPs;

162 164 1660 1661 1663 1665 166 3. Design and/or adopt an IDP profiling system that shall be used by all the BMOAs, 4. Establish clear guidelines on how displacement data will be publicly accessed and presented, ensuring transparency while protecting the privacy of IDPs and constituent LGUs of the BARMM, and humanitarian actors and other groups in tracking the assistance received by the IDPs;

168 166 1669 1670 1671 1672 5. Provide such anonymized data to the BIDCC and any of its Committees as well as 6 Draft a data privacy protocol in handling personal or sensitive data of IDPs for any instrumentality of the Bangsamoro Government, when requested in writing; confidentiality;

1177 1676 1673 1674 1675 7. Review any proposal for or draft data-sharing agreements, as directed by the adoption of the BiDCC; BIDCC, subject to ciearance of the Legal Officers of the MSSD; 32

1681 1682 1683 1686 1678 1679 1680 1684 1685 9. Provide guidance to government agencies and non-government organizations 8 Support the Monitoring and Coordination Section by setting up and maintaining a grievance and referral system to document issues raised by iDPs, monitor the relevant information; actions taken thereon, take note of the remaining gaps in the response, and other seeking to conduct data-gathering exercises among displaced populations in the BARMM; and

1687 10. Maintain a list of evacuation centers and structures that serve as such during

16 1 16 2 16 3 1688 1689 1690 1694 d) Secretariat to the BIDCC 1. Provide secretariat and logistical support to meetings of the BIDCC, including meetings and events; times of displacerment. sending of notices and invitations, undertaking administrative and logistical arrangements, coordinating event, as well as overseeing documentation of these

1695 1696 2. Draft initial agenda of BIDCC meetings, under the guidance and subject to the

1705 1699 1700 1701 1702 1703 1704 1697 1698 The distribution of tasks per section is subject to MSSD's rationalization, as may be necessary: Provided, That the functions of the Division under the Act is not diminished. RULE IX. 3. Assist the BIDCC in the latter's horizontal coordination with the BDRRMC. approval of the Chairperson, for consideration of the BIDCC; and THE LOCAL INTERNAL DISPLACEMENT

1706 COUNCILS 1707

1708 Section 67. ComPositiOn oF The LoCal Internal DiSPlaceMent CounCIlS (LIdCs) 1709 IN PROVINCES 1710 1711 1712 1713 1716 1714 1715 The LIDCs in Provinces shall be composed of: a) The Provincial Governor as the Chairperson; b) The Provincial Social We{fare and Development Officer appointed by the provincial and Development Officer appointed by the MSSD shalt be the interim Vice- LGU as Vice Chairperson. If none has been appointed, the Provincial Social Welfare

1717 Chairperson;

1720 172 1718 1719 1722 Members: c) The Provincial Director of the MILG; d The Provincial Engineer;

1726 1723 1724 1725 e) The Provincial Director of MAFAR; If none has been appointed, the highest provincial officer appointed by the MAFAR shall be the interim member;

33

127 f) The Provincial Health Officer appointed by the provincial LGU. If none has been 1728 1729 member; appointed, the Provincial Health Officer appointed by the MOH shall be the interim

1732 1733 1730 1731 1734 g) The highest provincial officer/s representing Basic Education, Higher Education, h}Provincial Director of the BHRC Technical Education, and Madaris Education;

1737 1739 1740 1735 1736 1738 j} k) The Provincial Director of the Cooperatives and Social Enterprises Authority (CSEA); } Provincial Planning and Development Coordinator; Provincial Disaster Risk Reduction and Management Officer;

1742 1741 L The Provincial Chief of Police: 1743

1745 1746 1749 1750 1751 1752 1744 1747 1748 P) n) Representative from among the organized and accredited women's organizations in o) The representative of the federation of youth organizations at the provincial tevel; m) The representative of the Gender and Development (GAD) focal point system of the The provincial indigenous peoples' mandatory representative, if any; the province; provincial LGU;

1753 1754 1757 1755 1756 1758 s) Mayors of the affected cities/municipalities in the province; q) The representative of the Muslim religious leaders in the province; r The representative of affected settler communities, if any;

1711 1712 1764 176 1717 1768 1759 1760 1763 1765 SeCtion 68. COMPOSITION OF THE LOCAL INTERNAL DISPLACEMENT COUNCILS (LIDCs) Regional Offices above mentioned with no provincial directors shall be represented by its head of office at the provincial level. t} u} Two (2) representatives from the IDPs; and Two (2) representatives from relevant CSOs with track record of working on IDP Issues.

1769 IN CITIES AND MUNICIPALITIES

1772 1773 1775 1770 1771 1774 The LIDCs in municipalities and cities shalt be composed of the following: b) The Municipal/ City Social Welfare and Development Officer appointed by the a) The Municipal/ City Mayor as Chair; municipal/ city LGU as the Vice Chairperson. if none has been appointed, the 1776 Municipal Social Welfare and Development Officer appointed by the MSSD shall be 177 the interim Vice-Chairperson; 1778

34

1779 Members.

1782 1780 1781 1783 1784 a) The Municipal/City Local Government Operations Officer; b) The Municipal/City Engineer; c) Municipal/ City Agriculture Officer, if one has already been appointed by the 1785 1786 178 1788 d) The Municipal/City Health Officer appointed by the municipal LGU. If none has been member; municipal/ city LGU.Otherwise, the MAFAR Municipal Officer be the interim

1789 1790 member in the interim; appointed, the Municipal/ City Health Officer appointed by the MOH shall sit as

1791

17 3 1794 17 5 179 17 7 1800 1801 1792 1798 1799 g) The Municipal/ City Planning and Development Coordinator; h)The Municipal/City Chief of Police; f} The Municipal/ City DRRM Officer; e) The highest municipal officer/s representing the Basic Education, Higher Education, The representative of the GAD focal point system of the municipal/ city LGU; Technical Education, and Madaris Education;

1803 1804 1802 Women's sector representative from among the organized and accredited women's organizations in the municipality/ city;

1810 1806 1809 1805 1807 1808 1811 1812 1813 1815 1816 1814 k) The representative of the federation of youth organizations at the municipal/ city n) Representative of affected settler communities, if any; P) Two (2) representatives from the IDPs; and { m) Indigenous peoples' mandatory representative, if any; o) Punong Barangays of the affected barangays; Representatives from Muslim religious leaders in the municipality/ city; tevet;

1817 1818 1819 q) Two (2) representatives from non-government organizations in the city/municipality with track record of working on IDP issues. 1820 1821 Section 69. FUNCTIONS 0F LIDCs

1823 1824 1822 The LIDCs shall have the following functions: a) Prescribe the procedures and processes of response and solutions to displacement at 1825 the local level, using a rights-based and solutions-oriented approach;

182 1826 b) Lead the drafting of the Recovery and Rehabilitation Plan with the support of the

1829 1828 BIDMMD and BDPA, ensuring meaningful participation of IDPs in pursuant to Section 12 of the Act; 1830

35

1831 1832 1834 1836 1837 1833 1835 1838 c) Align (ocal policies and plans such as, but not limited to, the CLUP, local investment d) Work with mandated authorities in identifying evacuation centers and/or structures e) Lead/oversee the conduct of assessment, and validation of IDPs; plan, DRRM Plan, with the BIDP at the regional level; that may be used as evacuation centers during displacement;

1842 184 1839 1840 g) Determine safety and security in the return of IDPs. In case of disputes and conflict f) Conduct investigation on any development projects that may cause displacements; of interest with the officials of the LiDc, the concern may be elevated to the 1843 1844 1845 independent component cities. The higher LIDC or the BIDC may also, motu proprio immediately higher LIDC or to the BIDCC, in the case'of provincial LIDCs and LDCs of intervene: 1846 1847 h} Coordinate closely with the BIDCC through the Division in the effective 1848 implementation of IDP-related plans, policies, and programs and ensure that 1849 1850 initiatives are integrated in their respectiye appropriations;

1851 1852 1853 1854 1855 Support the local chief executive in ensuring that, in selecting the locations, crafting of the designs, deciding on the management or system of administration of the sites, LGUs follow established due ditigence requirements designed to prevent the threats and the other requirements for setting up the temporary or transitory shelters, the or minimize the risks of secondary dispiacement due to natural hazards, existence of 1856 1857 1858 j) Include and consult the IDPs, including vulnerable sectors, such as but not (imited to conflicting land or other legal claims, and other causes.

1859 1860 displacement; women, children, and persons with disabilities, in different matters pertaining to

1861 1862 k) Member CSOs and private sector shall assist in organizing IDPs to better coordinate 1863 the response of the BMOAs and other relevant stakeholders; 1864 1815 l)Decide on the process of selection and terms of office of LIDC members representing

1868 1866 1867 the civil society and IDPs and other sectoral representatives, when warranted: Provided, That the decision'on such matters shall be based on criteria and process adopted by the LIDC; and

1819 1870 187 1873 1874 1 872 1875 The office of the local social welfare officer shall provide Secretariat support, including the following functions: Section 70. THE LIDC SECRETARIAT a) Ensure that the the programs, activities and projects of the LGU integrate protection m) Call for joint meetings of the LIDC and the LDRRMC, when warranted. of IDPs as well as responses and solutions to displacement;

187 1878 1876 b) Monitor instances of displacement within their areas of responsibility and advise the LiDC on matters within its competence; and

180 1881 1879 c) Provide secretariat and logistical support to the LIDC, especially during meetings thereof. 3

1882 1883 1884 1885 1886 1887 1888 In the absence of the LIDC Chairperson, the LIDC Vice Chairperson will perform the former's The LIDCs shall meet once every quarter or as often as deemed necessary. The LIDC making. Section 71. MEETINGS OF THE LIDCs Chairperson shall preside over the meetings, ensuring orderly discussions and decision-

18 0 1889 1891 1892 1893 1894 of the LIDC, and report accomplishments. said functions. The members shall regularly attend meetings, and participate in the deliberation proceedings The LIDC may invite resource speakers from the BIDCC or the Division to provide capacity

18 7 18 8 18 9 1900 1895 1896 individual, private or public, who may support the work of the LiDC. training on various aspects of displacement management and monitoring, or any other Section 72. RELATIONSHIP WITH THE LOCAL DRRM COUNCIL The LIDC Secretariat shall maintain close coordination with the Division.

1901 1902 1903 1904 issued by the LIDCs on the protection of human rights of IDPs, prevention of displacement, plans. However, the latter shall abide by standards, strategies and principles that may be The LIDCs shall not replace the Local DRRM Councils (LDRRMCs), which shall continue to craft and implement their respective strategic and contingency plans as part of their overall DRRM

1905 and measures to attain durable solutions. 1906 1 907 Section 73. RELATIONSHIP WITH THE LIDC AT THE HIGHER LEVEL

1911 1914 1909 1910 1912 1913 1908 In cases where an LIDC attempts to enforce the return of IDPs to an unsecure area, or a relocation to areas which are unsafe or unfit, the matter shall be escalated to the next LiDC of the higher LGU or the BIDCC, as the case may be. Rule X. INTERGOVERNMENTAL RELATIONS

1915 SeCtion 74. COORDINATION WITH LGUS OUTSIDE THE BARMM 1916 Assistance to displaced residents outside the BARMM shall be made in coordination with the

1919 1920 1917 1918 1921 1922 with the concerned provincial local government units for this purpose: Provided, That such assistance will be for augmentation purposes;. Provided further, That no request for concerned local government unit. Upon a resolution of the BIDCC, the Chairperson may enter into Memoranda of Understanding humanitarian assistance shall be denied purely on account of lack of coordination of 1 23 1924 1925 information on the part of the LGU. Section 75. CO0RDINATION WITH THE NATIONAL GOVERNMENT

1931 1932 1926 1927 1 29 1930 1928 Cluster of the National Disaster Risk Reduction and Management Council (NDRRMC), or similar inter-agency body, for the establishment of mutually agreed protocols and mechanisms. This is to facilitate collaboration in addressing displacement caused by armed conflict and huge- scale disasters, and to promote efficient and effective responses, ensure complementation The BIDCC shall initiate coordination with the National Government, through the Protection of efforts, resolve issues, and foster cooperation.

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1936 1937 1938 1941 1942 1943 19833 1934 1935 1939 1940 The protocols shall include coordination of response, IDP protection during huge-scale disasters and durable solutions. organizations, subject to the provisions of the Data Privacy Act of 2012. The BIDCC shall serve as the representative of the Bangsamoro Government on IDP-related matters outside the region. Data and information sharing agreements with the Nationai Government and other regional offices shall be jointly established by the concerned BMOAs or concerned private RULE XI. GENERAL PROVISIONS 1944

1 945 Section 76. TRANSITORY PROVISIONS

1952 1953 1948 194 1950 1951 1946 1947 The existing Marawi Rehabilitation Program (MRP):under the Office of the Chief Minister shalt the LIDC-Marawi City, in coordination with the MRP PMO, shall formulate a Recovery and not be affected by provisions of the Act. The LIDC of Marawi City, once established, shall coordinate ciosely 'with the MRP Project Management Office (PMO) to ensure the complementation of efforts in addressing the needs of IDPs from the said city; Provided, That Rehabilitation Plan. SeCtion 77. INTEGRATION OF IDP RIGHTS IN THE REHABILITATION AND DEVELOPMENT 1954 PLANS.

1 956 1 957 1959 1910 1 9161 1955 1958 1962 Pursuant to Article XIV of the Bangsamoro Organic Law, the Bangsamoro Government shall integrate all plans and policies formulated under this Act to the Bangsamoro Development Plan to guide the utilization of the General Appropriations Act for the Bangsamoro, and the Special Development Fund intended for the rebuilding, rehabititation, and development of its conflict-affected communities, consistent with the goals and principles of transitional justice. SeCtion 78. MECHANISMS FOR INTERNATIONAL HUMANITARIAN ASSISTANCE.

1 91 1963 1964 1965 1967 1968 1 69 1970 1971 1972 1973 1974 1975 International humanitarian organizations, their local counterparts, and other appropriate actors are enjoined to offer their services, including humanitarian assistance, in support of affairs of the government. Consent thereto shall not be arbitrarily withheld, particularly when authorities concerned are unable or unwilling to provide the required humanitarian including regional laws, international standards, and codes of conduct. They shall give due regard to the protection of the needs and human rights of the IDPs. Said organizations and all parties concerned shall likewise adhere to the Do No Harm and Safeguarding Principles so as to avoid exposing the affected populations to additional risks. They shall at all times prevent and mitigate any negative impact of their actions on affected populations. IDPs. These acts shall be considered done in good faith and not as interference in the internal assistance. When providing assistance to IDPs, said organizations shall respect relevant domestic laws

1981 1982 1983 1976 1977 1978 1 79 1980 Such organizations conducting operations in emergency-affected areas, or are directly or indirectly interacting with the IDPs, are subject to Philippine laws on sexual exploitation and sexual abuse such as but not limited to: b) Use of sex in exchange of money, employment, goods or services including the a) Sexual activity with children, as defined under existing (aws;

1985 1984 engagement in prostitution; and

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198 1989 19 0 1 91 1992 1987 1988 and shall maintain the trust of the communities being served. They are obliged to create and maintain an environment that prevents sexual exploitation and abuse. Humanitarian aid workers shall uphold their duty of care towards the displaced populations c) Any sexual relationship with beneficiaries that involves improper use of position or authority.

1993 Section 79. HALAL ComPliAnCe OF HumANITarIAn ASSIStaNCE, AId, And DonatIOnS. 19 4 The humanitarian assistance, aid, or donations to Muslim IDPs in the BARMM made by the

1996 1998 2000 2004 2005 2006 1995 1997 19 9 2001 2002 2003 2007 humanitarian aid programs are culturally appropriate and respectful of the beliefs and The BIDCC, through the Division, shall conduct regular monitoring, evaluation, and humanitarian efforts directed towards the Mustim IDPs in the BARMM. The B!DCC may establish a comprehensive halal compliance framework. Section 80. LoCaL GoVerNMeNt DeVOLUtION OF FuNCTiONS Bangsamoro Government, national government, local authorities, or international organizations shall adhere to the halal standards and certifications issued by recognized halal certifying bodies in the Philippines. The humanitarian actors shall collaborate to ensure that practices of the displaced Muslim population. educational outreach to promote understanding of and adherence to halal standards among the humanitarian actors, ensuring the integrity of halal practices in all aspects of

2010 2011 2012 2017 2008 2013 2014 2015 2016 2018 2009 protection of the Ministries at the regional level has been devotved to local government units, and shall support the transition and handover of those functions to the LGUs. The local social welfare officer shall serve vice-chair of the LIDC and his/her office shall also SeCtion 81. ANNUAL DISPLACEMENT SITUATION ANd ACCOMPLISHMENT REPORT In coordination with the BIDCC, the MILG shall identify which mandates related to IDP fully devolved, this function shall in the meantime, be held by the employee of the MSSD staff designated as the social welfare officer of the province or the city/ municipality the MSSD until such time that a local social welfare officer is appointed by the LGU. act as the L!dC Secretariat. However in areas where the social welfare functions are not yet

2019 In compliance with its mandate to submit reports to the Chief Minister as provided under

2024 2028 2030 2034 2022 2023 2025 2026 2027 2029 2031 2033 2035 2020 2021 2032 Bangsamoro Investment Development Plan, and that the BIDP's specific programs, activities, The BIDCC shall issue the necessary criteria and guidelines for the award of the iDP-Friendly LGUs. Section 28 of BAA No. 62, the BIDCC through the BIDMMD shall submit to the Office of the Chief Minister a report on or before every 17th day of April1, covering the IDP situation and accomplishments of the BIDCC and LIDCs for the previous year. Such a report shall include, among others, a list of programs being implemented and the status of implementation. SeCtion 82. IDP-FRIENDLY AWARD The amount necessary for the initial implementation of this Act shall be Fifty Million Pesos subject to existing accounting and auditing rules and regulations. The BIDCC shall ensure that the BIDP is included in the Bangsamoro Development Pan and the SeCtion 83, APPROPRIATIONS. (PHP 50,000,000.00) and shall be charged to the budget of the Office of the Chief Minister,

1 Proposed date to coincide with the anniversary of the adoption of the Guiding Principles on Internal Displacement 39

2036 2038 2040 2041 2039 2037 projects are funded through the General Appropriations Act of the Bangsamoro or the Special Development Fund, as appropriate. respective Annual Investment Plan (AIP) and local annual appropriations. The LIDCs shall ensure that the Recovery and Rehabilitation Plans are included in their

2042 2043 2045 2046 2044 2047 list of programs being implemented and the stage of implementation. It shall likewise submit such periodic or other reports as may be required from time to time. Section 84. PERIODIC REPORTS. The BIDCC shall submit an annual report to the Chief Minister indicating, among others, the SeCtion 85. MANDATORY REVIEW ON THE IMPLEMENTATION OF THE ACT.

2049 2050 2051 2052 2053 2048 of experts, to be appointed by the Chief Minister, shall review the implementation of this Every five (5) years after the effectivity of this Act, an independent review panel composed Act and shall make recommendations, based on its findings, to the Chief Minister and to the Parliament. Section 86. SEPARABILITY CLAUSE 2054 2055 2056 2057 If any part or provision of these Rules shall be declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall remain in full force and effect. Section 87. REPEALING CLAUSE 2058 205 9 Any issuance, executive order, administrative order, proclamation, charter, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of this

2061 2060 2062 Implementing Rules and Regulationis hereby repealed, modified or amended accordingly. Section 88.EFFECTIVITY 2003 This Implementing Rules and Regulations of the Act shall take effect fifteen (15) days after 2004 2015 2006 2007 2019 2071 2073 2068 2070 2072 publication in the Bangsamoro Gazette. Promulgated this 5th of Ramadan 1446 AH I 5th of March 2025 RAISSA H.UAJURIE Chairperson, BIDCC Minister, MSSD

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