soldier of all (september 2010 issue) - human rights protection

AFP: Human Rights Protection for Every Filipino

Special Issue Official Publication of the Civil Relations Service, AFP September 2010

Editorial BoardCIVIL RELATIONS SERVICE

ARMED FORCES OF THE PHILIPPINES

BGEN JOSE Z MABANTA JR AFPCommander

COL ROLANDO G JUNGCO (GSC) PAFDeputy Commander

COL JOSELITO E KAKILALA (GSC) PAChief-of-Staff

Editorial Staff:

MAJ EUGENIO JULIO C OSIAS IV PAEditor-in-Chief

MAJ OLIVER A BANARIA PAFManaging Editor

Editorial Assistants:

FOREWORDTable of ConTenTs

The Birth of Human Rights ........................................3

The Universal Declaration of Human Rights..............4

Human Rights in the Philippines ..............................5

AFP and Human Rights .............................................6

Beyond the Human Rights Issue ................................7

The Soldier. The Institution......................................10

Non-State Armed Groups and Human Rights

Violations............................................................20

Soldiers of All ..........................................................25

What Are Your Rights? ............................................26

Published at the Printing Unit, Civil Relations Service, AFP

About the Cover:

With these hands, your soldiers personify their

determination, meaningful purpose and undertakings to protect and uphold the human rights for all people – young and old, male and female, rich and poor, regardless of background, ideals, and belief, wherever one may be.

MSG SIMEON B EUGENIO PAMSG ROSENDO Z PAMATI-AN PAMSG ERNESTO A LAGRIMAS PA

SSG JOSE C SUMILIG PASGT JULIUS C SERIOSA PAFPFC LENELYN B BARLAS PA

PFC SITI AISA N SANAANI PAA2C ORLANDO D BACALSO PAF AW2C THELMA C PIEDAD PAF

PFC ADRIAN M MORALETA PAPFC JOVEN D LAPIDEZ PAPFC JULIET M BALMES PA

FEI PADILLAHELEN S BUÑALES

ELIZABETH COLUMBRESANNIE E CRUZADA

EDDIE GRAFANEGRACE LINA

ERL DURANOJOHN VINCENT V CARDENAS

JOHN RAY B RAMOS

Once more, we come out with our modest vision as an effective medium

to inform, educate, and enlighten the people in the various issues that affect us as a nation.

On the succeeding pages are short, but in-depth articles and discussions on the Human Rights Issue. We seek not to proselytize, but to contribute to the effort of translating respect for human rights as a basic obligation.

In this issue, we focus in the Armed Forces of the Philippines’ advocacy of upholding human rights, which endeavors to undertake its own ways of promoting and protecting human rights. It is the AFP’s earnest desire to propagate human rights values, principles and ideals for these to be internalized by every soldier and become a norm in the corps.

It would do no less to continue to be the protector, guardian and defender of the nation, especially its people. We all know that the Philippine experience on human rights is a sensitive issue that needs a better understanding and that would require the participation of all stakeholders of peace and democracy. Freedom and civil liberties should be enjoyed by each and every individual because it is her/his intrinsic human right.

The AFP is committed to protect lives -- best exemplified in the many circumstances that demand sacrifice and true commitment.

It is the hope of the Editorial Staff that all people of different race and creed shall understand and appreciate the AFP’s strongest commitment to the Constitution and all rights enshrined upon it. That our continuing mission is to stand in the direction we are going and using our power and authority to dedicate ourselves to duty and service and uphold the value of human life and dignity.

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At the beginning of times, there was hardly any concept of human rights. When civilizations then started to emerge,

people were either the rulers or the ruled; the leaders or the subjects. Not all people were entitled to rights; certain liberties were only accorded to or acquired through membership in a group such as in a class or in a family. One was lucky to belong to the privileged cluster, but there were others whose very existence was obscured by having no conferred right at all.

Through thousands of years, there sparked an idea of “free men”, and which deepened into a conviction on the worth and dignity of a person. Different leaders surfaced with each of their own concepts on the value of men. Cyrus the Great of Persia (B.C.) came ahead of these leaders. The Cyrus Cylinder, recognized as the world’s first declaration of human rights, gave birth to the idea that slaves have their own worth as a person too and should be free. Cyrus himself abolished forced labor during his reign.

As the world spin through different periods and millennia, some world leaders, mostly in the empires of Europe had come up with their declarations and own idea of human rights. From the ideas of Cyrus the Great, the Natural Law of Rome followed, then

came the declarations of France, and the assertions of Mahatma Gandhi that not only Europeans are entitled to rights, and other proclamations thereafter.

HUMAN RIGHTS

However, the modern centuries saw an appalling era for humankind as well as for human rights with the outbreak of two World Wars where millions of lives were brutally extinguished. With a resolve to resuscitate the convictions on the dignity of a person and the meaning of freedom, the countries around the world united together in 1945 to reaffirm these values amid violence and killings. This has become the very essence of the organization that we now referred to as the United Nations.

The Cyrus Cylinder gave birth to the idea that slaves have their own worth as a

person too and should be free.

Human RightsThe Universal DeclaraTion of

Set of Rights Which Apply to Absolutely Anyone

In the midst of rubbles, when everyone was searching for the place where to rediscover human rights, Eleanor Roosevelt as the Chairperson of the UN’s

Commission on Human Rights, elucidated to all the precise spot during her remarks at the United Nations on March 27, 1958. “Where after all do universal human rights begin? In small places, closest to home - so close and so small that they cannot be seen on any map of the world. Yet they are the world of the individual person: The neighborhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.”

The General Assembly of the United Nations then adopted and proclaimed the Universal Declaration of Human Rights (UDHR) on the 10th of December 1948. The creation of the Declaration took place in the aftermath of World War II as a response to the Holocaust and primarily to avoid the recurrence

of the horrors experienced such a dark period.

The UDHR was created in the light of the recognition of the inherent, equal, and inalienable rights of all humans which is the foundation of freedom, justice, and peace in the world. For a long time, the Declaration has served as a moral conscience to the world community. It provides international norms and standards to which the world community is expected to adhere.

The Declaration is the basic international pronouncement of the inalienable and inviolable rights of humans which includes civil, political, economic, social, and cultural rights to which everyone is entitled.

Member states of the United Nations have all pledged themselves to achieve the promotion of universal respect for and observance of human rights and fundamental freedoms that any human should enjoy.

Within the Declaration, they have also determined to themselves to promote social progress and better standards of life for every individual. The UDHR has indeed set a standard of achievement for all nations to strive for.

Sources: http://www.humanrights.com/#/what-are-human-rightshttp://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/Part-1/short-history.htmhttp://www.cyrusthegreat.net/http://www.udhr.org/history/Biographies/bioer.htm

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As the State continues to value the dignity of every human person and guarantees full respect to human rights, the Commission on Human Rights (CHR) has been established with reference in the 1987 Philippine Constitution, Article XIII, Sections 17-19.

Moreover, Executive Order No. 163 entitled “Declaring the Effectivity of the Creation of the Commission on Human Rights as provided for in the 1987 Constitution, Providing Guidelines for the Creation Thereof and for Other Purposes” signed by former President Corazon C. Aquino, declares the existence of the Commission on Human Rights as provided for in the Constitution.

Philippines

Being a staunch advocate of Human Rights and the rule of law, the Philippines, as a member-state of United Nations and signatory to international

treaties and conventions, continues to uphold, promote, and protect the fundamental rights of every individual.

The 1987 Constitution of the Republic of the Philippines guarantees and protects human rights. As such, the government promotes respect for social justice and human rights, including freedom of speech, freedom of expression, as well as the rights of the workers, children, women and indigenous people.

Central to Philippine policies which aim to protect every Filipino to enjoy all his rights are the nation’s adherence to and advocacy of freedom and democracy and the protection of human rights.

Human Rights in the

The Philippine government exerts every effort to ensure the respect for all human rights. Moreover, they ensure that the promotion of regional and global cooperation for human rights is achieved and that the integration of human rights paradigm within all work carried out by government agencies is realized.

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Human Rights

Ambassador Libran N. Cabactulan, Philippine Permanent Representative to the United Nations, with UN Secretary General Ban Ki-Moon.

AFP and Human Rights

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TOWARDS NATIONAL PEACE AND DEVELOPMENT

As a professional military organization, the AFP carries out its missions and operations, whether it entails confrontation with its adversaries, with a constant observance to the provisions of the International Humanitarian Laws, and all other internationally acknowledged protocols to protect and promote basic rights of a person.

In the light of the AFP being the shield of the people, it continuously remains to be a staunch advocate of Human Rights, and the value the dignity of every person.

The military institution continues to take decisive steps one notch after the other for the promotion and protection of the inherent and fundamental rights of all Filipinos. Moreover, it has instituted the needed reforms and initiatives to help educate its members, as well as enhance its abilities to respond to any concerns pertaining to human rights.

The AFP recognizes that in order to achieve national peace and sustainable development, it is important that full recognition and respect for the rule of law and the principles of justice be observed. Members are cognizant of the fact that they should always be proactive contributors in keeping up with the spirit of equality, locally and globally.

Battles have been fought and won and wars have been waged. The Armed Forces of the Philippines stood strong and unfaltering throughout the years. It has evolved and emerged today into a more distinct and professional organization that carries with it a sense of awareness and indomitable commitment to safeguard the principles of equality and liberty.

Fighting and winning battles may be at the heart of every soldier. But in each fight, in every battle, and in all challenges, the recognition to protect and promote the dignity of every individual becomes more than instinctive to every soldier, even to the extent of giving up of one’s own life -- a soldier’s ultimate sacrifice for his country and his fellow countrymen.

The Armed Forces of the Philippines, as the constitutionally mandated organization to protect the Filipinos, strongly adheres to the principles of equality and the rule of law. As such, respect for social justice and human rights are upheld at all times by each member of the organization cognizant that these values are the very essence of the profession of arms and of the service above self. The AFP subsists to the principle that it is its prime duty to allow for an environment where the people can exercise their rights.

Beyond the Human Rights Issue: The Actions of the Military Institution

The stigma as human rights violator ignites discrimination and persecution. It inflames hatred and strengthens the adversary’s position. It is therefore foreseeable for adversaries to seize any opportunity to attribute abuses to military personnel or implicate a military

unit. This is substantiated in the biting report of UN Special Rapporteur Philip Alston as the by-product of his 10-day visit in the country in February 2006. Alston was provided a ‘document’ he has forenamed as a “military’s order of battle” of which he interpreted as a death list.

Alston was made to believe that the country’s human rights concern is not within the context of insurgency and the fact that many Filipinos still live in the peripheries where insurgency continues to affect them was obscured from him. For years and in many cases, military troops have singular access to distant and

isolated areas in the country that are impregnable to

basic services because of the hazards that insurgents poses. That’s why soldiers have adopted extended roles as teachers, doctors and surgeons, and

engineers, among others, to help fill in

the void of governance.

The accusations and defamation is a plethora of the sundry and the imaginative. These usually emerge around the gradient of extrajudicial killings, enforced disappearances, militarization, and other ostensible military abuses.

While there could be actual disciplinary infractions by military personnel, the preponderance of these accusations is unsubstantiated and concocted. Nonetheless, any accusation, however feeble and desperate, cannot be taken flippantly for any adverse and prejudicial circumstance would by and by hurt the military institution. It also weighs heavy on the hearts of men who dedicate the best years of their lives and their strongest faculties in protecting freedom and human rights only to be accused of despoiling them.

photo from PAO,AFP

AFP

UN Rapporteur Philip Alston

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TOWARDS NATIONAL PEACE AND DEVELOPMENT

The Armed Forces of the Philippines’ response to and initiatives in human rights demonstrated remarkable sagaciousness and milestones.

Among the most pivotal initiative is the creation of the AFP-Human Rights Office in 2007 to effectively address human rights concerns relative to the organization. The AFP-HRO serves as the axis of the AFP community’s efforts, proactiveness, and commitment to human rights. Part of the hallmark it has casted is the formation of the AFP HR Committee and Policy on the Protection of Children Involved in Armed Conflict to enhance the military’s thrust in making its members champions of human rights, especially that of children and those vulnerable to armed conflicts.

In recent times, the military organization has been forthright in its duty to protect human rights and in cooperating with investigating bodies and other human rights offices and advocates. It continues to interact with vital offices such as the Commission on Human Rights (CHR), the Supreme Court (SC), the Department of Justice (DOJ), the Department of Social Welfare and Development (DSWD), the Office of the Presidential Adviser on the Peace Process (OPAPP), the Department of Interior and Local Government (DILG), the Philippine National Police (PNP,) as well as with the Local Government Units, and others.

Beyond the Human Rights Issue

...the military organization has been forthright in its duty to protect

human rights and in cooperating with investigating bodies and other human

rights offices

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The AFP also extends its full cooperation and assistance to investigating bodies such as the Task Force Against Political Violence, organized by virtue of Presidential Administrative Order No. 21, which investigates and prosecutes all killings that maybe classified as extrajudicial.

Disciplinary infractions shall be held accountable under the Articles of War and AFP Code of Ethics. The Office of the Judge Advocate General and its investigative staffs and offices, such as the Provost Marshal General and the Office of the Inspector General, continue to maintain and implement a thorough military justice system.

The AFP’s human rights roadmap is unequivocal. Neither benchmarks nor indicators of success are given much importance. While they are essential tools to evaluate undertakings and improve policies, it is in the achievement of the overall goal – to protect and promote a life of dignity for all; and every soldier’s internalization of their exigent role that are the crux of the matter.

Beyond the Human Rights Issue

“Neither benchmarks nor indicators of success are given much importance....It is in the achievement of the overall goal – to protect and promote a life of dignity for all; and every soldier’s internalization of their exigent role that are the crux of the matter.”

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The Soldier. The Institution. Towards a More Perceptive Human Rights Adherence

I t falls upon the state - and the Armed Forces as its tool of governance - the imperative task of protecting and

promoting equal rights for its people. The laws of the country and the fundamental nature of the military to protect its citizens stemmed from, and in the fulfillment of, the principle that each person is entitled to his or her rights, and that these are to be valued at all times.

The contention that human rights is universal has accompanied humankind throughout centuries of change, through war or peace, and as the world still continues to envision an environment where people’s rights are respected at all times. The Armed Forces of the Philippines shares this vision, and hopes to contribute to its realization. While the fervor has always been there in the past, the AFP’s commitment to be a more participative segment of society in promoting respect for human rights has become more eminent at present.

For so many years, the long-drawn internal conflicts have contended the Filipino soldier against fellow Filipinos. This is viewed as a more compelling reason for the AFP to bring human rights principles deeper unto the consciousness of every soldier. The

numerous tactical operations have taught the AFP that success of its campaigns rests not on violently induced subversion but on the eager support of its own people, but such support could only be gained if troops are able to exemplify discipline and observance of human rights. The AFP strives for the public to understand that our counter-insurgency policies and techniques are permissive - not the domineering sort propagandists portray it to be - and with the welfare of the Filipinos on top of the mind. Hence, the AFP is taking its human rights advocacy to a higher level, seeking the full internalization of the principles by its personnel not only through theories and trainings, but in actual day to day practices.

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The AFP has long laid the foundation in pushing for stronger human rights adherence. This was reemphasized by Lt Gen Ricardo A David upon his assumption as Chief of Staff of the AFP, and which sent out a strong message to the public of the growing commitment of the AFP to human rights. “Be guided by our non-negotiables: adherence to the rule of law, respect for Human Rights and International Humanitarian Law, and observance of the rules of engagement and the use of force”, he exhorted the troops during his speech.

Formalizing these pronouncements, Lt Gen David issued a Command Guidance on July 2, 2010 where respect for Human Rights and Rule of Law was one of those accentuated as priorities of the AFP leadership. With Lt Gen Ricardo A David Jr at the AFP’s helm, the organization takes to heart in ensuring that policies and units are strongly supported and that issued guidance and directives, both old and new, are administered and adhered to.

The Soldier. The Institution. Towards a More Perceptive Human Rights Adherence

The Soldier. The Institution.11

The Soldier. The Institution.

Presently, the Armed Forces is strengthening its AFP-Human Rights Office (AFPHRO) by giving it more teeth on its internal probe and advocacies, as well as providing it with additional essential human resources. A new and more accessible location of the AFPHRO at General Headquarters in Camp Aguinaldo is now under works. No less than a one-star General will head the office, for him to have a better posture in adopting a clear-cut and firm guidelines to exemplify the resolve and commitment, as stipulated in the Command Guidance.

Among the AFP booklets and handbooks that gives specific attention to and ensures the protection of human rights.

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“ We shall remain a disciplined institution, steeped in the

ideals of genuine democracy and peace. ”

– LtGen Ricardo A David Jr

Preparations to institutionalize Unit-HR offices down to battalion level are in progress with the Battalion Executive Officers, Deputy Brigade Commanders, Assistant Division Commanders or Unified Command Deputy Commanders to act as HR Officers in their respective units. These desks are to address human rights concerns, both from civilian and military, as swiftly as possible alongside the conduct of extensive advocacy within the unit itself on the observance of human rights. With these desks, the AFP also hopes to widen its network of support, from public and private entities alike, by reaching out to the local government units, the Commission on Human Rights, the media, the academe, the religious group, the business communities, and others – to bring us closer to the realization of that human rights vision for our people.

Akin with the Memorandum of Agreement the AFP signed with the Dept of Social Welfare and Development (DSWD) on handling and treatment of children in armed conflict, the AFP looks forward to future agreements with other sectors that could pave the way of setting more guidelines of suitable actions.


photos on this page from AFP-HRO

The AFP coordinates with ICRC, among other organizations and human rights advocates, to ascertain that the essence of human rights and the laws that protect it are strongly inculcated in all AFP personnel.

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(above) Call of Duty. Disasters move the soldiers to respond to calls of help.

(right) Affected children and residents get food assistance from soldiers during the siege of rogue MILF members on some towns in North Cotabato in 2008.

(below right) The Armed Forces links up with the Commission on Human Rights (CHR), then Chaired by Leila de Lima, to achieve a common objective of human rights as intrinsic rights for all Filipinos.

(below) Soldiers jeered and cheered on the streets in the annual celebration of the International Humanitarian Law day.

The Soldier. The Institution. 14

Through the years, the AFP persistently strives to prop up adherence to human rights among its officers and personnel. One of the concrete steps taken was the institutionalization of service career courses in the military which incorporated modules on human rights and International Humanitarian Law (IHL); it is only upon passing such courses and obtaining clearance from the CHR that senior ranking officers are considered for promotion. Such courses are now required by the Chief of Staff to be simulated among trainees and cadets starting Day 1 of their training for better cognition and internalization of human rights.

(topmost) From the brunt of internal conflicts, soldiers expand their protective shields to the children affected and assist communities to ameliorate the effects of such conflicts. (left) Along with the OPAPP, the AFP welcomes rebels willing to avail of the government’s Social Integration Program. (right) Othen than a fighter, a soldier’s role expands during conflict in caring for other casualities.

The Soldier. The Institution.15

The AFP celebrates International Humanitarian Law (IHL) Day with a soft-launching of its Soldier’s Handbook on Human Rights on August 12, 2010 at the AFPCOC inside Camp Aguinaldo. (right-top): AFP Chief of Staff LtGen Ricardo A David Jr and former Deputy Chief of Staff for CMO MGen Victor A Felix converses with Ms. Etta Rosales, a long time advocate of human rights, who graced the event. (right-below) The Chief of Staff himself handed over copies of the handbook to soldiers and directed his men to keep it with them at all times.16

As a clear and concise guide in the conduct of operations, and which will form a part of each soldier’s personal arsenal, the AFP is distributing a “Soldier’s Handbook on Human Rights” containing the codification of all pertinent human rights policies, especially on the Rules of Engagement. Specifications on the proper conduct of arrests or searches are elaborated, along with the requirements such as authorization by commanders, documented orders (operation orders and radio messages), and requisite warrants from the Courts in coordination with the Philippine National Police. With views and inputs from human rights experts and advocates outside the AFP, the manual will also be a valued reference material especially for commanders on human rights policies, provisions on UN conventions, as well as pertinent laws and protocols.

The AFP celebrates International Humanitarian Law (IHL) Day with a soft-launching of its Soldier’s Handbook on Human Rights on August 12, 2010 at the AFPCOC inside Camp Aguinaldo. (right-top): AFP Chief of Staff LtGen Ricardo A David Jr and former Deputy Chief of Staff for CMO MGen Victor A Felix converses with Ms. Etta Rosales, a long time advocate of human rights, who graced the event. (right-below) The Chief of Staff himself handed over copies of the handbook to soldiers and directed his men to keep it with them at all times. The Soldier. The Institution.17

The AFP is cognizant of the fact that level of public inference will highly depend on the actuations of its personnel and on how accountability is instigated within its ranks. Lt Gen David cogently itemized in his guidance, “We shall be strict with violators, but we will protect those who are wrongfully accused...” This is to say that aberrant personnel, as well as those covered within the purview of the command responsibility doctrine, will be made to face administrative and criminal charges, while those who are mistakenly charged are entitled to clear their names.

(top photo) AFP Chief of Staff LtGen Ricardo A David Jr convenes with Commission on Human Rights (CHR) representatives on August 2010 in the pursuit of a more invigorating human rights advocacy. (left) The AFP looks after the welfare of its personnel, especially those who are wounded in the line of duty. (right) DND and AFP top officials met with Special Representative of the Secretary-General for Children and Armed Conflict Radhika Coomaraswamy during her visit to the country in December 2008 as she advocated for broader protection of children in conflict zones.

“We shall be strict with violators, but we will protect

those who are wrongfully

accused...” - AFP Chief of Staff LtGen David

The Soldier. The Institution. 18

For our soldiers, courage is measured not only in physical combat with the enemies but more so in the commitment to uphold and protect human rights even in conflict situations. Within the shadow of the soldier’s fighting spirit is his inherent desire to protect lives.

Mere understanding of the concepts and principles underlying the subject of human rights is insufficient. It is imperative for every AFP member to make this as the core of his/her duty and embrace it as part of his/her being. And as expected, the soldier and the organization he belongs to continue to make headways in their human rights initiatives.


In the context of counter-insurgency, the new and active military blueprint is being a Soldier of All. This is a concept which frames the soldier’s consciousness that his duty to protect is not only towards civilians and communities, or the law abiders, but encompasses even those considered rebels or insurgents, for they too are Filipinos… and they too have their rights.

The AFP is firm in its belief that the preservation and respect for human rights is indispensable in achieving sustainable peace, development, and a vibrant democracy; and that it should be a united advocacy and shared responsibility for all.

The AFP commits itself anew in pushing for a stronger adherence to human rights. It endeavors to fathom the very core of military profession by rendering utmost commitment to service and living up to the responsibility of protecting the citizens.

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Non-State Armed Groups

and HUMAN RIGHTS VIOLATIONS

S tate security forces often get the brunt of criticisms when it comes to human rights issues and concerns, however there are – upon flipping

up the coin to its other side - non-state armed groups (NSAGs) who, by their criminalities and actions, have infringed the rights of our people. Abuses and defiance that, without any doubt, have not only affected the victims and their families but have also dispensed the collective conviction of the universality of human rights.

For purposes of promoting human rights through accountability, it was not only the AFP which kept tab of the contraventions of these NSAGs such as the New People’s Army, the Southern Philippine Secessionist Groups (SPSGs), and the Abu Sayaff, records of human rights complaints can also be obtained from the Commission on Human Rights.

Even the United Nations keeps record of these violations and publishes these in their official reports, along with observations and recommendations.

The CPP/NPA

The Right to Life. Nothing constitutes a greater violation to this right than a life so brutally ended. For the last decade, a total of 1, 746 murders were committed by the CPP-NPA. Documentations reveal that for 2009 alone, there were 115 killing incidents perpetrated by the CPP-NPA, where 117 individuals were killed, 81 of whom were civilians.

“Nothing constitutes a greater violation to

this right than a life so brutally ended.”

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Non-State Armed Groups

and HUMAN RIGHTS VIOLATIONS

Non-State Armed Groups and Human Rights Violations

115 killing incidents523 arson activities

66 bombing incidents 53 landmine attacks

P1.3B worth of destruction

From 2002 to February 2010, the NPAs carried out fifty-three (53) landmine attacks across the country, maiming or killing a total of 186 people, including 34 civilians.

The CPP-NPA destructed around P1.3B worth of public and private infrastructures, pieces of equipment, public conveyances, telecommunication facilities, agricultural farms/plantations, and other properties from year 2000 up to 2009. This was the damage cost to the 66 bombing incidents and 523 arson activities of the NPA within the same period.

From January 2001 to July 2009, 417 formal complaints were filed at the Commission on Human Rights against the CPP/NPA/NDF; 308 of these involved murder/homicide/execution while 102 of such cases included arson, robbery, threat, forced recruitment, and physical injury. Victims ranged from public officials, farmers, laborers, students, and minors.

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cnn

“The armed group uses the narrow definition of those engaged directly in hostilities and not the definition of children associated with armed forces and groups set in 2007 by The Paris Principles: The Principles and Guidelines on Children Associated with Armed Forces or Armed Groups, which also includes children who have been used in any capacity, such as fighters, cooks, porters, messengers, spies or for sexual purposes. Verified reports have been received involving three boys, one 16-year-old and two 17-year-olds, who admitted their association with the NPA upon their surrender to Government authorities in the Province of Catanduanes in March 2008. These children have been turned over to the local social welfare office, and have been provided with rehabilitation services.”

- UN report by the Secretary-General on children and armed conflict in the Philippines released on January 2010, covering the period from December 1, 2007 – November 20, 2009

The NPA has been consistently listed in UN reports

issued in 2002, 2003,

2005, 2006, 2007, 2009, and most

recently, in April 2010 as one of the non-state armed

groups who continue to defy international prohibitions on the recruitment and use of children.

(topmost) Residents of Brgy. Igcabugao, Igbaras, Iloilo filed complaints before the Regional Human Rights office against NPA’s hostilities and use of landmines. (top) Members of the PNP SOCO team inspect exhumed body remains believed to be NPA purging victims.


photo from PIO, 3ID

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But help will come to those NPA rebels who wish to change. This is what Romeo Bangilun alias Ka Bayot learned when he surrendered. Vice Chief of Staff LtGen Reynaldo Mapagu himself, at that time the Commanding General of the Philippine Army, handed Bangilun a cheque of P100,000.00 as remuneration to the 90mm recoiless rifle and carbine he surrendered. Bangilun also received assistance from the Social Integration Program (SIP) in the amount P20,000 as immediate cash assistance and livelihood package worth P50,000. “We call on our misguided brothers to lay down their arms as what Romeo did and take the peaceful path to change for our country’s progress,” conveys LtGen Mapagu.

NPA rebels target even schools such as the above photo taken in Brgy. Gaid, Dimasalang, Masbate on March 10, 2010 depriving 248 children of their learning institution. Young students found their school the following day razed to the ground. Enna Cabintoy, the head teacher lamented, “Classes will have to be conducted in makeshift huts and under the shades of trees.”

photo by: Neil Armstrong Batayola (PAO, 9ID)


photo from PAO, 10ID

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The Southern Philippines Secessionist Groups (MILF,

LMGs)

Human rights abuses committed by rogue MILF elements have been evident in the restive south.

Old notion of religious or cultural differences as causal factors has dimmed throughout the years as attacks were directed to both Christian and Muslim communities, where both have fallen victims to their atrocities. Farmers deprived of their newly harvested produce, or displacement of families, or risks of landmines are just among the common illustrations of some areas where these groups operate.

One of the major and heinous attacks of the MILF lost commands in recent years occurred on 27 July 2008 when homes and villages were raided and set ablaze by lawless MILF groups, along with the forcible occupation of some towns in North Cotabato, displacing many civilians from their homes. Eight-four (84) houses were reduced to ashes in Aleosan town. Days before, farmers have complained of harassment, and on some occasions, strafed while working in their fields by rogue MILFs.

Less than a month later, on 18 August 2008, lawless MILF commander Abdullah Macapaar @ Bravo brutally attacked five towns in Lanao del Norte, leaving 40 people hacked and killed, mostly unarmed civilians. Two years later, on 12 July 2010, another


misguided MILF base commander, Maestro Felmin of MILF’s 105th Base Command burned nearly 100 houses in Barurao, Sultan sa Barongis, Maguindanao.

From 2008 to March 2009, the MILF has been responsible to 162 atrocities including liquidation, kidnapping, hostage-taking, robbery/hold-up, arson, bombing, grenade explosion, and sabotage.

The ASG

The biggest terrorist threat in the country is the Abu Sayyaf Group, or simply referred to

as ASG, which has links to the Al-Qaida and the Jemaah Islamiyah. The group operates in Southern Philippines, particularly in Basilan, Sulu, and Tawi-Tawi. But the terror and nightmare it inflict on the people transcends barriers, regions … even countries.

As intrinsic for a terrorist organization, the ASG attacks without recognizing anyone; armed, unarmed, young, old, men, women, children, making it the most violent of the separatist movements. From bombings to kidnappings to extortion, it has no regard for any human rights.

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SOLDIERS OF ALL:

T he 1987 Philippine Constitution defined the military’s role as “the protector of the people and the State”. Thus, every

military undertaking seeks to uphold and defend the Constitution and all rights enshrined in it.

Everyday from the frontlines, the men and women of the AFP protect our citizens’ right to live with dignity against the initiation of violence and harassment by criminals and terrorists. For our troops, the preservation of life and human dignity takes precedence even in life-threatening situations. Thus, even the enemy’s right to life is upheld.

Soldiers of All -- friends, foes, and strangers alike – is a most active concept and a new threshold of military blueprint today. The paradigm shift from the body-count syndrome towards the perception that these rebels are in fact mere prodigal sons and daughters, and not enemies, is progress in motion in the AFP.

The AFP is steadfast in the universal truth and timeless principle of human equality and liberty. And we embrace this as an absolute truth not only for the Filipino citizens but also for foreigners and for our wayward brothers and sisters.

As believers that we ALL share in equal rights and equal opportunities, the AFP does what it can to assist our brothers and sisters, in whatever forms they come to us – even as rebels who once attempted to kill us. Of course, the AFP, as sentinel of our Constitution and steward of Philippine democracy, continues to pre-empt, counter, and ward off threats. But the use of force shall no more than commensurate to the mission’s needs; and only for compelling reasons. Nothing at all should prevail over the demands and essentiality of peace and a life of dignity for all.

Thus, to be a Soldier of All comes naturally to any military man or woman because it is basically an intrinsic element of professional military service. As an unconditional servant of the Philippine Constitution, the Filipino soldier unhesitatingly volunteers for the most hazardous of missions; and sacrifice even themselves

to ensure that the human rights of every Filipino is honored and valued. The AFP does not neglect to understand that humanity and human rights exist even for those people who we consider as “enemies” or “threats”. Decency and goodness still exist within every man or woman; only that for others, it is sometimes obscured by anger, resentment, and hopelessness. It is upon the basic premise of respect for human rights that we endeavor to return this lost freedom to our wayward brothers and sisters; a freedom they have lost when they fell astray to armed struggle and a life of violence.

The parable of the prodigal son is a valuable lesson to the AFP. The parable casts an emphasis that our sons and daughters can go wayward. And that while these prodigal sons and daughters descend into darkness and degenerate into sin, there is an opportunity for change and to arise from a hopeless condition. We, as part of the government, represent the “instrument” who seeks after these wayward children and afford them the opportunity to rise above from the captivity of offenses of disobedience and finally return to light.

The AFP does not neglect to understand that humanity and human rights exist even for those people who we consider as “enemies” or “threats”.

Soldiers take great pride in their role, in or out of uniform. They take great pride in accomplishing the missions assigned or entrusted to them. Even in their extended role as physicians, dentists, surgeons, engineers, and farmers, among others; your soldiers do not usurp the role of civil society but endeavors to make meaningful contributions especially in communities inaccessible to basic services. As we humbly acknowledged, only your troops can singularly access many distant and isolated areas in the country – areas that are impregnable to other government agencies because of the hazards it poses. Your league of Civil Military Operators represents the government in these areas. Your soldiers’ pride and honor is not in their weapons, but their calloused hands that reach out to all people.

There’s no one who’ll give anything beyond what duty requires than a soldier. A soldier’s oath to the Constitution is an open-ended commitment; their covenant to the nation.

The Soldiers of All of the Armed Forces of the Philippines are indeed positive investments to the country’s defense and democracy.

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9) No Unfair Detainment

Nobody has the right to put us in prison without good reason and keep us there, or to send us away from our country.

10) The Right to Trial

If we are put to trial, this should be in public. The people who try us should not

let anyone tell them what to do.

11) We’re Always Innocent Till Proven Guilty

Nobody should be blamed for doing something until it is proven. When people

say we did a bad thing, we have the right to show it is not true.

12) The Right to Privacy

Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without good reason.

13) Freedom to Move

We all have to right to go where we want in our own country, and to travel as we wish.

14) The Right to Seek a Safe Place to Live If we are frightened of being badly treated in our own country, we all have the right to run away to another country.

15) Right to a Nationality

We all have the right to belong to a country.

1) We are All Born Free and Equal.

We are born free. We all have our own thoughts and ideas. We should be treated in the same way.

2) Don’t Discriminate

These rights belong to everybody, whatever our differences.

3) The Right to Life

We all have the right to life, and to live in freedom and safety.

4) No Slavery

Nobody has any right to make us a slave. We cannot make anyone our slave.

5) No Torture

Nobody has any right to hurt us, or to torture us.

6) You Have Rights No Matter Where You Go

I am a person like you.

7) We’re All Equal Before the Law

The law is the same for everyone. It must treat us all fairly.

8) Your Human Rights Are Protected by Law

We can all ask for the law to help us when we are not treated fairly.

What Are Your Rights?

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16) Marriage and Family

Every grown-up has the right to marry and have a family if they want to. Men and women have the same rights when they are married, and when they are separated.

17) The Right to Your Own Things

Everyone has the right to own things or share them. Nobody should take our things away from us without a good reason.

18) Freedom of Thought

We all have the right to believe in what we want to believe, to have a religion, or to change it if we want.

19) Freedom of Expression We all have the right to make up

our own minds, to think what we like, to say what we think, and to share our ideas with other people.

20) The Right to Public Assembly We all have the right to meet our friends

and to work together in peace to defend our rights. Nobody can make us join a group if we don’t want to.

21) The Right to DemocracyWe all have the right to take part in the government of our country. Every grown-up should be allowed to choose their own leaders.

22) Social Security We all have the right to affordable housing,

medicine, education, and child care, enough money to live on and medicine help if we are ill or old.

23) Workers’ Rights

Every grown-up has the right to do a job, to a fair wage to their work, and to join a trade

union.

24) The Right to Play

We all have the right to rest from work, and to relax.

25) Food and Shelter for All

We all have the right to a good life. Mothers and children, people who are old, unemployed or disabled, and all the people have the right to be cared for.

26) The Right to Education

Education is a right. Primacy education should be free. We should learn about the United Nations and how to get on with others. Our parents can choose what we learn.

27) Copyrights

Copyright is a special law that protects one’s own artistic creations and writings: others cannot make copies without permission. We all have the right to our own way of life and to enjoy the good things that art, science and learning bring.

28) A Fair and Free World

There must be a proper order so we can all enjoy rights and freedoms in our country and all over the world.

29) Responsibility

We have a duty to other people, and we should protect their rights

and freedoms.

30) No One Can Take Away Your Human Rights

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soldier of all (september 2010 issue) - human rights protection

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