Barangay Resolution BHRAC

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OFFICE OF THE PUNONG BARANGAY

RESOLUTION NO.
Series of 2023

A RESOLUTION ESTABLISHING THE BARANGAY HUMAN RIGHTS ACTION


CENTER (BHRAC) IN BARANGAY ____________, CITY OF SAN FERNANDO,
PAMPANGA, APPOINTING MEMBERS OF THE BARANGAY HUMAN RIGHTS
ACTION TEAM (BHRAcT), SPECIFYING ITS DUTIES AND FUNCTIONS AND FOR
OTHER PURPOSES

WHEREAS, per Section (50) (b) (1) of the Local Government Code, the local government units
at the level of provinces, cities, municipalities and barangays are mandated to create a Human
Rights Committee (HRC) as one of the standing committees of their respective Sanggunian. The
HRCs are mandated to develop local policies and legislations that will address issues on human
rights, rule of law and access to justice;

WHEREAS, the Department of the Interior and Local Government (DILG) and Commission on
Human Rights (CHR) issued Joint Memorandum Circular No. 1 s. 2014 dated 16 December
2014 with the subject, “Mainstreaming Human Rights Through Rule of Law and Access to
Justice at the Level of Provinces, Cities, Municipalities and Barangays”;

WHEREAS, the Commission on Human Rights (CHR) designed the Barangay Human Rights
Action Center (BHRAC). As one of the barangay-based institutions (BBIs), BHRAC aims to
empower and mobilize community-based human rights advocates to take up the cudgels for
human rights promotion and protection, and at the same time, to bring services to CHR to the
grassroots level. The Barangay Human Rights Action Officer (BHRAO) operates the BHRAC;

WHEREAS, to further strengthen the BHRACs and to address issues and concerns pertaining to
human rights, rule of law and access to justice at the grassroots level, the CHR and the DILG
initiated the implementation of Human Rights Action Center and Rule of Law (HRAC & RoL)
strategy. The HRAC & RoL widens the democratic space for civil society organizations/people’s
organizations/non-government organizations to be part of local governance;

WHEREAS, human rights violations, especially violence against women and children which
continue to be committed with impunity, must be given highest priority in the protection and
promotion of human rights in the barangay level;

WHEREAS, to ensure its mainstreaming and to bring human rights services closer to the people
at the grassroots level, the Barangay Human Rights Action Center (BHRAC) should be
established;

NOW, THEREFORE, by the power vested in me by law as the Punong Barangay of


________________, I, __________________________, do hereby establish the Barangay
Human Rights Action Center (BHRAC) in Barangay __________, City of San Fernando,
Pampanga and organize the Barangay Human Rights Action Team (BHRAcT) with the
following provisions, to wit:

SECTION 1. COMPOSITION OF THE BARANGAY HUMAN RIGHTS ACTION TEAM


– The Barangay Human Rights Action Team (BHRAcT) shall be composed of the following:

Chairperson : Barangay Human Rights Committee Chairperson


Members : Barangay Secretary
Barangay Chief Tanod
Barangay Health Worker
Police Officer assigned in the barangay
Barangay VAW Desk
One (1) representative of the Barangay Council for the Protection of
Children
One (1) representative of the Lupong Tagapamayapa
One (1) representative of the Barangay Peace and Order Committee
The Principal from public or private school
Barangay Social Welfare and Development Officer (LSWDO), where
applicable; and
At least one (1) representative of Civil Society Organizations/Non-
Government Organizations/People’s Organizations

SECTION 2. DUTIES OF THE RESPONSIBILITIES OF THE BHRACT – The Barangay


Human Rights Action Team (BHRAcT) shall have the following duties and responsibilities:

1. Consolidate human rights reports from both barangay-based institutions (e.g. Lupong
Tagapamayapa, VAW Desks, BCPC, etc.) and non-government entities (e.g. sectoral
CSOs and purok leaders) in the community;
2. Submit semestral Barangay Human Rights Situationer Reports to MHRAcTs or
CHRAcTs; and
3. Receive complaints of human rights violations and refer the same to the nearest CHR
Regional Offices and other appropriate agencies copy furnished the City’s Human Rights
Action Team (HRAcT) and monitor the status thereof.

SECTION 3. CREATION OF A BARANGAY HUMAN RIGHTS ACTION CENTER


(BHRAC) – There shall be created Barangay Human Rights Action Center (BHRAC) in each
barangay in the City of San Fernando, Pampanga which deals with three (3) main features:

1. It has a community-based action officer called the Barangay Human Rights Action
Officer;
2. It is the barangay or village’s information and education center on human rights; and
3. It is the center for receiving complaints and preservation of initial evidences of human
rights violations.

SECTION 4. DESIGNATION AND QUALIFICATION OF A BARANGAY HUMAN


RIGHTS ACTION OFFICER (BHRAO) – The Barangay Human Rights Action Center
(BHRAC) shall be manned by a Barangay Human Rights Action Officer (BHRAO). He/she shall
serve as the focal person of the Commission on Human Rights (CHR) at the barangay level.

The BHRAO shall be appointed by way of a barangay assembly meeting for the purpose of
nominating candidates and finally designating the person who shall serve as the BHRAO.

In barangays, municipalities, cities where the barangay, municipal, and city councils has a
Human Rights Committee, the chairman automatically becomes the BHRAO.

A. No person may be appointed as BHRAO unless he/she is not less than twenty-one
(21) years old, at least high school graduate and must be a person with probity and
integrity and once appointed, must not engage in partisan political activity and
committed to the cause of human rights and willing to undergo BHRAO training.
B. The BHRAO herein appointed and trained shall receive proper deputation certificate
and identification card from the Commission on Human Rights (CHR).

C. An elected BHRAO shall have a term of five (5) years without re-election.

D. The BHRAO may be removed from office upon a written complaint, for cause and
upon due process, on the grounds of commission of violation of human rights, loss of
confidence, and for non-performance of his/her duties and responsibilities, by the
Barangay Chairman, upon the approval of the majority of the members of the
Sangguniang Barangay present in a session duly called for the purpose.

E. In case of temporary vacancy, the Barangay Chairman shall assign any qualified
Barangay Official or employee who shall assume the role of BHRAO. In case of
permanent vacancy due to refusal to assume office, failure to qualify, death, removal
from office, voluntary resignation or permanent incapacity to discharge the functions
of office, the successor shall be chosen in accordance with the regular procedures on
hiring.

F. The BHRAO shall undergo specialized training on human rights and the operation of
BHRAC.

SECTION 5. GUIDELINES AND PROCEDURES – The following guidelines and procedures


shall be observed in the filing of a human rights complaint with the BHRAC:

A. Any person can go to the BHRAO to file the complaint;

B. The BHRAO interviews the complainant to determine whether the subject of the
complaint is a human rights violation or a common crime;

C. If the complaint is not a human rights violation, hence, does not fall under CHR’s
jurisdiction, the BHRAO forwards it to Lupon ng Tagapamayapa or the Police, as the
case may be; if it does, BHRAO shall assist the complainant to accomplish the
prescribed forms and shall request him/her to submit evidence/supporting documents;

D. The BHRAO shall accompany the victim to the City Attorney or City Legal Officer
or Public Attorney’s Office for preparation and execution of affidavit;

E. The BHRAO shall make a report relative to the complaint filed and transmit the same
to the Human Rights Action Center of the City of San Fernando, Pampanga or to the
CHR Regional Field office or sub office whichever is nearer.

SECTION 6. EFFECTIVITY – This Order shall take prospective effect immediately.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of _________ 2023 at
the City of San Fernando, Pampanga.

_____________________________
Punong Barangay

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