Republic o? the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila Spxteenth Congress First Regular Sesion Hoste bite, 3795 Introduced by Representatives Ibarra “Barry” M. Gutierrez II (AKBAYAN), Walden F. Bello (AKBAYAN), Adlene “Kaka” J. Bag-ao (Lone District, Dinagat Islands), and Jose Christopher “Kit” ¥, Belmonte (6" District, Quezon City) EXPLANATORY NOTE Provisions of the 1987 Plalippine Constitution, pacticulatly in Article It (Declaration of Principles and State Policies) which state: “Sestion 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.” “Seaton 11, The State values the dignity of every human person and guarantees full respect for human right “Seaion 21. The State shall promote comprehensive rutal development and agratian reform.” (emphasis supplied) malke it a State policy, and gives the State the cossesponding obligation, to guarantee the folfillment of the peoples’ right to adequate food. The same obligation was voluntacily adopted by the Philippines as State-Party to the Iniemational Connani on Economic, Social and Ciltural Rights which, in its Article 11, provides: y aay party, all forms of violations of the right /o adequate foods (© Adopt operational guidelines and rules 2f procedure, and cite for contempt for their violation, in accordance with the Rules of Court (© Provide eppropriate legal measures for the >rotection of the right fo adrguate food of all pexsons within the Philippines, as well as Philippine citizens residing abroad, and provide for Preventive measures and legal aid services to the under-privileged whose right to adequate food has been violated or needs protection; (6) Establish 2 continuing program of researc, education and information to enhance respect for the primacy of the right to adequate frods (. Recommend to Congress effective measuces to promote the right Z adrguat fondto harmonize existing laws affecting the right fo adequate jond, to ensure their complementation, and the availability of remedies for violation,s and compensation to victims of violations of the ngit 0 aeguate ood (@ Monitor the Government's compliance with its obligations in regaed to the righ 9 adequate foods (b) Request the assistance of any department, bureau, office or agency in the performance of its functions;» @ Appoint officers and employees in accordance with law; and @) Perform such other duties and functions as may be provided by law. In exercising its powers and duties, the Commission on the Right to Adequate Food will: (@) Apply the human sights principles established by this Act, (&) Work in close cooperation with represensatives of civil society and take their views into consideration; (©) Use, to the fullest possible extent, the services, facilities and information, including statistical information, of the relevant public and private bodies and organizations, to prevent duplication of effort and expenses. SECTION 14. Inter-Agency Council on the Right to Adequate Food.there is hereby established an Inter-Agency Council oa the Rght to Adequate Food, which will be headed by the Chairperson of the Commission on the Right to Adequate Food, and which will be composed additionally of the following: (a) A representative ftom the Department of Agriculture; (b) A representative from the Department of Agrarian Reform; (6) A tepresentative from the Department of Fealth; (@) A sepresentative from the Department of Trade and Industry (¢) A teptesentative from the Department of Public Works and Highways; (BA representative ftom the Department of Environment and Natural resontces; @ A teptesentative from the Department of Energy; (h) A sepresentative from the National Economic and Development Authority; @ A tepresentative from the National Anti-Povesty Commission; @) Two @) teptesentatives of people’s organizations; and (Two @) representatives of non-governmental organizations The council members are tasked to formulste programs and projects to provide strategic interventions to respect, protect and fulfil the right to adequate food. The Council will also serve as the monitoting body in regard to right fo adequats food initiatives.10 Mu 12 13 14 15 16 17 18 19 20 at 22 23 24 25 26 28 29 30, 31 32 33 34 ‘The government agencies may designate ther duly authorized representative to the Council: Provided, That such a reptesentative shall have a rank not lower than an assistant sectetaty or its equivalent. Members of the Council who ate representatives of people's organizations and non- governmental organizations will be chosen by the Commission on the Right to Adequate Food from a list of nominees provided by people’s organizations and non-governmental organizations engaged in the promotion of the right to alguate find. ‘These meraberswill attend Council meetings, and will receive emoluments as may be determined by the Council, in accordance with existing budget and accounting rules and regulstions, SECTION 15. Minimum amount of fcod—Vhe Department of Social Welfare and Development will ensure regular, reliable and timely delivery of a minimum amount of food to any person who is suffering fiom hunger or undernutrition, or is at risk from suffering from hunger of undernutrition. Implementing ruks and regulations will be adopted setting the minimum amount of food. These implementing rules and regulations will determine the exact quantity of calories, proteins and miconutrieits, to which the minimum amount of food will correspond, according to the age, sex, health status and occupation of a person. There will be a simple and accessible application or certification procedure for the minimum amount of food entitlement, as provided for in the implementing rules and regulations. These will be transparent, fair and non-diseximinarory eligibility or certification crite Fair, independent and accessible recourse procedures to the Commission on the Right to ‘Adequate Food for complaints and appropriate remedies in case of a determined violation of the Tight to adegnate jrod, shall be established. ‘There will also be an appropriate monitoring and evaluation mechanism in which the Department of Social Welfare and Development will report to the Commission on the Right to Adequare Food on a regular basis. ‘The annual national appropriations law shall include 2 specific item allocating tesources necessary for the implementation of the right 10 adequate food. Specific support measures will be designed and adopted to prevent or compensate for disadvantages that identified vulnerable persons or groups suffer from,in regard to the enjoyment of theit right t» adequate food. The Commission on the Right to Adequate Food will xeview proposed support measures and, where necessary, will give further guidance, so as to ensure that all groups are coveted appropriately. Bs 32, 33, SECTION 16. Emergencies—The Commission on the Right to Adequate Food, in ‘coordination with the National Disaster Coordinating Council, will have the duty to easure that (@ Food emergencies cover both early waming and preparedness for a crisis, as well as organizing and managing food response in the case of a ctisis, and comply with the right 70 adequat:jood and the relevant intemational standards. (b) Emergency food responses he compatible: with the right fo adequate fad and. international standards regulating emergencies. (©) Requests for international assistance be iritiated in case of necessity, alongside supervising and coordinating distribution of food response received. SECTION 17, Jafrmation—All government agencies, under the disection of the Commission on the Right to Adequate Food, in cocediaation with the Philippine News Agency and Philippine Information Agency, have a daty to: @ Inform the population about the rights established in this Act and the implementing rales and regulations adopted upon its entry int> force, as well as about any other measure taken for the purpose of facilitating and promoting the realization of the right fo adequate food. (©) Use the most appropriate ways and metiods of disseminating information, including by providing information in oral ways, such as rural radio, and in local languages, notably ia the ‘most marginalized areas and among populations with a high rate of illiteracy. SECTION 18. Education and awareness taising—"The Commission on the Right to Adequate Food, in coordination with the Depastment of Education, Commission on Higher Education and Technical Education and Skils Development Authority,willhave the duty to ‘ensure that. (@ The school cussiculum includes matesial related to food and nutrition education, the right o cdiguat food, snd baman rights principles. 14(b) Adult education and training program, when relevant, include material related to food and snutrition, the right fo adequate jood, and human sights principles. SECTION 19. International cooperation—TheCommission on the Right to Adequate Food, in coordination with the Commission on Human Rights and the Department of Fo:cign Afairs,will have the duty to: {a) Ensute that activities undertzken in other countries including those by private actors, do aot infringe on the enjoyment of the tight to adequate food by people in the concerned countries; and (&) Promote international cooperation and provide assistance to ensure the zealization of the right to adequate fond in other counties, ifn < position to do so. SECTION 10. Monitoring stem—There will be an integrated monitoring system ia which all government agencies at all levels, under the supervision of the Commission on the Right to Adequate Food, will: @ Collect data related to food and nutritioa security, using monitoring methodologies and processes consistent with human eights principles as established by thisActs (b) Disaggregate collected data by age, sex, status and group; (© Monitor progress achieved in the realization of the right so adequate fords and (@ Establish or identify an early warning mechanism. SECTION 21. Representation and participation of people’s organizations and civil society. To guarantee public participation, the Commission on the Right to Adequate Food has the duty to ensure: (@) Free and meaningful participetion, inchding freedom of information and freedom of association. (b) Consultations on specific areas of implementation of thisAct.ob Re (© National public hearingsevery two (2) years, at which the Government is required to report on progress made with the implementation of thisAct, and the progressive realization of the sight 1o adequate food in the country. SECTION 22. Penal Provisions The penaky of prion mayorwill be imposed on any public or ptivate actor, who deliberately starves or denies access to food to any particular individual or ‘group, as through the commission of any of the following acts @ Blockade: (b) Refusal to implement a food-related program; (©) Discrimination in implementing a food-related programs (@) Negligence in implementing food-related programs, resulting in death: (© Obstructing access to food in time of calamity or war: (® Theft, commuption or black marketeering of food being given as humanitarian aid, in time of calamity or was, @® Distribution of expired, or unsafe food at a school feeding program or other feeding program, in time of calamity or war; (h) Contamination of food or water sources, through miaing activities, aerial spraying of plantations, or any other similar means; and (Other analogous acts. [A ood blockade is an act of knowingly and wilfully cutting off food supplies from a particular area by force, either in part or totally. “The penalyy is imposable without prejudice to any other eximinal, civil or administrative liability underPhilippine law. SECTION 23. Civil and Administrative Liabilities—Any public officer or employee who directly or indizectly obstructs, defeats, violates or in any manner impedes or impairs any of a person’s sights guaranteed in this framework act, will be lable to this person for damages. Any violation of a provision of this Act whether committed by public or private actors, will similarly give tise to lability for damages.1 Tis hereby declared a ministesial duty on the part of the Government to ensure the enjoyment of the rights guaranteed in this Act and to perform the daties embodied in it Appropriate cases may be Gled before the courts to compel compliance with the provisions of this Act These cases willbe without préjudice to liability for damages, as well as administrative liability that may be incurred. SECTION 24. Appropeiations —There will be an allocation in the annual budget specific and sufficient resources for the purposes of the implementation of the righ 0 adianate food, in secordance with priostes st by the Commission on the Right to Adequate Food. The allocation will be aimed at the progressive realization of the rglt to adtquat fond over the long term. Every Person's tight to be free from hunger can never be deviated from by temporary or permanent ccatbacks, SECTION 25. Implementing Rules and Regulations —Vhe Commission on Haman Rights will ssue the necessary rules and regulations to implement the provisions of this act within sixty (60) days Grom its effectivity. In the formulation of these rules and zegulations, the Commission on Human Rightswill tke the lead and will coordinate with the Department of Agriculture, Department of Agrarian Refom, Department of Social Welfare and Development, Deparment of Health, Department of Trade and Indusicy, Department of Public Works and Highways, National Economic and Development Authority, and National Anti-Poverty Commission, and with the active participation of people's organizations and human rights nongovernmental organizations. SECTION 26. Rationalization of policics—All existing policies, laws, decrees, executive ovdets, memorandum orders, memorandum circulars, administrative orders, and ordinances will be zationalized in accordance with the righ » adequate fond, as provided for by this Act. laws affecting the realization of the mr 10 adtguat fed will be interpreted in a sway compatible with the ght to adequate food and this Act. “The cabinet secretaries concerned and other executive authorities will eport, at regular intervals, to the Commission on the Right to Adequate Food, oa legislaive and regulatory measutes that have been elaborated aad adopted, and che time frames within which theyare cavisaged to achieve theit objectives. 7SECTION 27. Separability clause—I€ any part ot provision of this Act will be declared ‘unconstitutional of invalid, the other provisions not affected will remain in full force and effect. SECTION 28. Repealing clausc—All laws decrees, executive orders, memorandum orders, memorandum circulars, administestive orders, ordinances, or theit parts, which are inconsistent with the right fo adequate jond and the provisions of this Act, are hereby deemed repealed or modified accordingly. SECTION 29, Effectivity- least two (2) newspapers of national circulation “This Act will tke effect fifteen (15) days after its publication in at Approved,