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Sunday, June 9, 2013

Philippines: new law to enhance respect for Red Cross emblem takes effect

By Allison Lopez

MANILA (ICRC) – A Philippine law that enhances respect for the red cross emblem and penalizes its misuse has taken effect, increasing the protection of specially designated persons, installations and vehicles providing life-saving assistance for victims of armed conflict.

The International Committee of the Red Cross (ICRC) welcomes the recent signing of the "Red Cross and Other Emblems Act of 2013" or Republic Act 10530, which sets out rules for the use of the red cross, red crescent and red crystal emblems, and stipulates penalties for misuse. The law came into effect early this month.

"This is an important development, as it will also help enhance protection for Red Cross staff and volunteers in the Philippines who deliver neutral and impartial humanitarian aid, sometimes in dangerous situations," said Pascal Mauchle, head of the ICRC delegation in the Philippines. "It will also provide protection for the military medical services."

The use and misuse of the red cross, red crescent
and red crystal emblems is clearly defined in the
Geneva Conventions and their Additional Protocols
and in Red Cross and Other Emblems Act of 2013.
© ICRC / J. Perez
The red cross emblem is commonly misused in
pharmacies, first aid kits and apparel, among others.
Any person or establishment who misuses the red
cross, red crescent and red crystal emblems will be
held criminally liable under RA 10530.  
 
The use of the three emblems is governed by the 1949 Geneva Conventions and their Additional Protocols of 1977 and 2005. The emblems may not be used by bodies or persons not entitled to do so under international humanitarian law. The enactment of this law by the Philippine Congress fulfils the obligation of the State to adopt national legislation regulating the use of the emblems and penalizing offenders.

“The passage of the emblem law is another milestone in the history of the Philippine Red Cross. This speaks well of the country’s recognition of and respect for our role as an auxiliary arm of the government in its humanitarian endeavours,” said Philippine Red Cross Secretary-General Gwendolyn Pang. “This also reinforces further the need for all Red Cross workers to be protected at all times as they carry out their humanitarian mission across the country.”

The staff and volunteers of the International Red Cross and Red Crescent Movement use these emblems while undertaking their humanitarian tasks. The Movement includes the ICRC, the Philippine Red Cross and other national Red Cross and Red Crescent societies, and the International Federation of Red Cross and Red Crescent Societies (IFRC).

The law specifically authorizes medical and religious units of the armed forces of the Philippines to use the red cross emblem (a red cross on a white background).

The law also regulates the use of the words "red cross," "red crescent" and "red crystal," and prohibits misuse of the red cross emblem by drug stores, on first-aid kits, in clothing designs, etc. The penalties include a minimum fine of PHP50,000 (approximately USD1,200) and imprisonment. The law stipulates that misuse of the red cross emblem in armed-conflict situations is considered a war crime and is punishable by up to 40 years’ imprisonment and a fine of up to PHP1 million (approximately USD24,300).

As the guardian of international humanitarian law, the ICRC provided technical advice to the Philippine Congress, leading to the passage of this law. The ICRC is a neutral, impartial and independent organization working to protect and assist victims of armed conflict and other emergencies in the country. It has been working in the Philippines for more than 60 years now, with a permanent presence since 1982.

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