DUMARPA BILL AN ACT PROHIBITING RELIGIOUS OR RACIAL PROFILING AGAINST INDIGENOUS CULTURAL COMMUNITIES | HATAMAN BILL AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF | CONSOLIDATED VERSION AN ACT PROHIBITING RELIGIOUS OR RACIAL PROFILING AGAINST INDIGENOUS CULTURAL COMMUNITIES | | | | | | Section 1. Title. - This Act shall be known as the Anti- Religious and Racial Profiling Act of 2007. | Section 1. Title. - This Act shall be known as the Anti-Discrimination Act of 2007. | Section 1. Title. – This Act shall be known as the Anti-Religious and Racial Profiling Act of 2007. | | Section 2. Declaration of Policy - It is declared as the policy of the State to value the dignity of every human person and to guarantee full respect for human rights. | Section 2. Declaration of Policy – It is the policy of the State to: a) Maintain peace and order, protect life, liberty, and property, and promote the general welfare for the enjoyment by all people the blessings of democracy; b) 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; c) Recognize and promote the rights of indigenous cultural communities within the framework of national unity and development; Give highest priority to enactment of measures that protect and enhance the rights of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably defusing wealth and political power for the common good. | Section 2. Declaration of Policy. – It is the policy of the State to value, protect and enhance the rights of all the people to human dignity, reduce social, economic, and political inequalities, eliminate cultural inequities, and guarantee full respect for human rights. | | Section 3. Racial Profiling as defined. - The term means the practice of subjecting an individual or group belonging to any race, ethnic group or any indigenous cultural community to any act in a manner degrading, humiliating or discriminatory to that individual or group and solely by reason of his or their race, religious affiliation, ethnicity or indigenous origin, and includes the prohibited acts enumerated in this Act.” | Section 3. Meaning of Discrimination.- The term “discrimination” as used in this Act shall mean any distinction, exclusion or restriction made on the basis of ethnic origin or religious affiliation or beliefs, which has the effect or purpose of impairing or nullifying the rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, especially including but not limited to, employment, livelihood, housing, education and basic services. | Section 3. Racial Profiling as defined. – The term as used in this Act shall mean any distinction, exclusion or restriction made on the basis of ethnic origin or religious affiliation or beliefs, which has the effect or purpose of discriminating, impairing or nullifying the rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, especially including but not limited to, employment, livelihood, housing, education and basic services. | | | Section 6. Persons Liable. - Any person, natural or juridical, including any government or private corporation, institution or company, who commits discrimination against any person on account of ethnic origin and/or religious affiliations or beliefs, as provided for above, shall be liable under this act. Any person who request, instructs, induces, encourages, authorizes or assists another person to commit acts of discrimination shall also be liable under this Act. Likewise, a person who is duty-bound to act on complaints for discrimination under this Act but fails or refuses to do so, shall be deemed to have sanctioned the discriminatory act, and shall consequently be held liable. | Section 4. Persons Liable. – (a) Any person, natural or juridical, who commits discrimination against any person on account of ethnic origin and/or religious affiliations or beliefs, as provided herein, shall be liable under this act. (b) Any person who requests, instructs, induces, encourages, authorizes or assists another to commit discriminatory acts shall also be liable under this law. Any person who is under obligation by reason of his position or office, to act on complaints for discrimination under this Act but fails or refuses to do so, shall be deemed to have sanctioned the discriminatory act, and shall consequently be held equally liable. | | | Section 7. Equal Opportunity – It shall be the duty of every person, natural or juridical, public or private, to ensure that there is equal opportunity for all persons in relating to actual or prospective employees, students, tenants, customers or clients, and that no discriminatory acts, as defined herein is committed by them or their agents in the areas of employment, housing, education, and delivery of basic goods and services. For this purpose, every agency, corporation, company, and educational institution, as well as other person providing employment, housing, education, and delivery of basic goods and services, shall issue an equal opportunity policy, including the creation of Equal Opportunity Committee, as provided in the next section, Failure to do so shall be deemed refusal to address discrimination, and shall be penalized as an act of discrimination. | | | | Section 8. Equal Opportunity Committee. - In order to ensure the compliance of this Act, agencies, corporations, companies and educational institutions, whether private or public, shall create an Equal Opportunity Committee which shall have administrative jurisdiction over cases involving discrimination under this Act.
The committee shall be tasked, among others, to conduct the investigation of alleged cases constituting discrimination committed on the basis of ethnic origin and/or religious affiliation or beliefs, or to any civil claims for damages caused by said act. | Section 5. Equal Opportunity Committee. – In order to ensure proper compliance of this Act; agencies, corporations, companies and educational institutions, whether private or public, shall create an office to be known as the Equal Opportunity Committee which shall have administrative jurisdiction over cases involving discrimination, impairment and nullification of the rights and fundamental freedoms under this Act.
The committee shall be tasked, among others, to conduct the investigation of alleged cases constituting discrimination committed on the basis of ethnic origin and/or religious affiliation or beliefs, or to any civil claims for damages caused by said act. | | | Section 10. Duty of the Office on Muslim affairs and the National Commission on Indigenous Peoples. - It shall be the duty of the office on Muslim Affairs (OMA) and National Commission on Indigenous People (NCIP) to prevent or deter the Commission of acts of discrimination and to provide the acts of discrimination. Towards this end, OMA and NCIP shall:
a) Promulgate appropriate rules and regulations prescribing the procedure for the investigation of discrimination cases against their people and the administrative sanctions therefor. b) Ensure the creation of committees on equal opportunity in the different agencies, corporations, companies and educational institutions, whether private or public, in the implementation of this Act. c) Supervise the agencies, corporations, companies and educational institutions, whether private or public, in the implementation of this Act | Section 6. Duty of the Office on Muslim Affairs and the National Commission on Indigenous Peoples. – The Office of Muslim Affairs (OMA) and the National Commission on Indigenous Peoples (NCIP) shall be the primary government agency responsible for the formation and implementation of policies plans and programs to promote and protect the rights and well-being of the ethnic group, indigenous peoples or cultural communities. Towards this end, the OMA and the NCIP shall: a) Promulgate appropriate rules and regulations prescribing the procedure for the investigation of discrimination cases against their people and the administrative sanctions therefor. b) Ensure the creation of offices in the different agencies, corporations, companies and educational institutions, whether private or public for the proper implementation of this Act. c) Supervise the agencies, corporations, companies and educational institutions, whether private or public, in the implementation of this Act | | Section.5 Penalties. - The penalty of arresto mayor minimum to prision correctional minimum or a fine of Two hundred pesos (Php200.00) to six thousand pesos (Php6,000.00), or both shall be imposed upon any person who shall commit any of the acts prohibited hereof. | Section 9. Penal Clause. - Any person liable under this Act shall be penalized by imprisonment for a period of not less than thirty days nor more than six months and/or a fine of not less than ten thousand pesos nor more than one hundred thousand pesos, taking into consideration the circumstances and gravity of the offense. | Section 7. Penalties. – The penalty of arresto mayor minimum to prision correctional minimum or a fine of Two hundred pesos (Php 200.00) to six thousand pesos (Php 6,000.00), or both shall be imposed upon any person who shall commit any of the acts prohibited hereof. | | Section 6. Separability Clause. - If for any reason any section or provision of this Act, or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this Act shall not be affected by such declaration. | Section 11. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration. | Section 8. Separability Clause. – If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration. | | Section 7. Repealing Clause. - All laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or amended accordingly | Section 12. Repealing Clause – Any provision of law or regulations inconsistent herewith is hereby repealed, revoked, or modified accordingly. | Section 12. Repealing Clause – Any provision of law or regulations inconsistent herewith is hereby repealed, revoked, or modified accordingly. | | Section 8. Effectivity. -This act shall take effect after fifteen days (15) days following its complete publication in at two national newspapers of general circulation. | Section 13. Effectivity Clause. - This Act shall take effect (15) days after publication in a newspaper of general circulation. | Section 9. Effectivity Clause. – This Act shall take effect fifteen (15) days after publication in a newspaper of general circulation. | Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Fourteenth Congress
First Regular Session
HOUSE BILL No. _________
__________________________________________________________________
Introduced by Reps. FAYSAH RPM. DUMARPA, MUJIV S. HATAMAN
__________________________________________________________________
AN ACT PROHIBITING RELIGIOUS OR RACIAL PROFILING AGAINST INDIGENOUS CULTURAL COMMUNITIES
Section 1. Title. – This Act shall be known as the Anti-Religious and Racial Profiling Act of 2007.
Section 2. Declaration of Policy – It is the policy of the State to value, protect and enhance the rights of all the people to human dignity, reduce social, economic, and political inequalities, eliminate cultural inequities, and guarantee full respect for human rights.
Section 3. Racial Profiling as defined. – The term as used in this Act shall mean any distinction, exclusion or restriction made on the basis of ethnic origin or religious affiliation or beliefs, which has the effect or purpose of discriminating, impairing or nullifying the rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, especially including but not limited to, employment, livelihood, housing, education and basic services.
Section 4. Persons Liable. –
(a) Any person, natural or juridical, who commits discrimination against any person on account of ethnic origin and/or religious affiliations or beliefs, as provided herein, shall be liable under this act.
(b) Any person who request, instructs, induces, encourages, authorizes or assists another to commit discriminatory acts shall also be liable under this law.
(c) Any person who is under obligation by reason of his position or office, to act on complaints for discrimination under this Act but fails or refuses to do so, shall be deemed to have sanctioned the discriminatory act, and shall consequently be held equally liable.
Section 5. Equal Opportunity Committee. – In order to ensure proper compliance of this Act; agencies, corporations, companies and educational institutions, whether private or public, shall create an office to be known as the Equal Opportunity Committee which shall have administrative jurisdiction over cases involving discrimination, impairment and nullification of the rights and fundamental freedoms under this Act.
The committee shall be tasked, among others, to conduct the investigation of alleged cases constituting discrimination committed on the basis of ethnic origin and/or religious affiliation or beliefs, or to any civil claims for damages caused by said act.
Section 6. Duty of the Office on Muslim affairs and the National Commission on Indigenous Peoples. – The Office of Muslim Affairs (OMA) and the National Commission on Indigenous Peoples (NCIP) shall be the primary government agency responsible for the formation and implementation of policies plans and programs to promote and protect the rights and well-being of the ethnic group, indigenous peoples or cultural communities. Towards this end, the OMA and the NCIP shall:
(a) Promulgate appropriate rules and regulations prescribing the procedure for the investigation of discrimination cases against their people and the administrative sanctions therefor.
(b) Ensure the creation of offices in the different agencies, corporations, companies and educational institutions, whether private or public for the proper implementation of this Act.
(c) Supervise the agencies, corporations, companies and educational institutions, whether private or public, in the implementation of this Act.
Section.7 Penalties. – The penalty of arresto mayor minimum to prision correctional minimum or a fine of Two hundred pesos (Php200.00) to six thousand pesos (Php6,000.00), or both shall be imposed upon any person who shall commit any of the acts prohibited hereof.
Section 8. Separability Clause. – If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
Section 12. Repealing Clause. – Any provision of law or regulations inconsistent herewith is hereby repealed, revoked, or modified accordingly.
Section 9. Effectivity Clause. – This Act shall take effect fifteen (15) days after publication in a newspaper of general circulation.
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