the afp in a democracy: protecting human …pcij.org/blog/wp-docs/esperon_afp.pdfthe afp in a...

THE AFP IN A DEMOCRACY: PROTECTING HUMAN

RIGHTS

General Hermogenes C Esperon JrChief of Staff Armed Forces of the Philippines

National Consultative Summit on Extrajudicial Killings and Enforced Disappearances- Searching for Solutions

July 16, 2007

The AFP in a Democracy: Protecting Human Rights

NEVER HAD AND NEVER WILL HAVE A POLICY OF

TARGETING CIVILIANS

IS STEADFAST IN ITS DUTY TO HELP ENSURE THAT THE

PHILIPPINES PROGRESSES INTO A PROSPEROUS DEMOCRACY

YOUR ARMED FORCES

AFP’S MANDATE


PROTECT THE PEOPLE, SECURE THE SOVEREIGNTY OF THE STATE

AND THE INTEGRITY OF THE NATIONAL TERRITORY

AFP’S ROLES


ESTABLISH A PHYSICALLY AND PSYCHOLOGICALLY SECURE

ENVIRONMENT CONDUCIVE TO NATIONAL DEVELOPMENT

PREVENT ARMED GROUPS FROM USING FORCE AGAINST

THE PEOPLE


THE CPP-NPA-NDF IS THE PRIMARY NATIONAL SECURITY THREAT

DECEPTIVE PARLIAMENTARYMEANS

CPP-NPA-NDF METHODS

USE OF FORCE AGAINST NON-COMBATANTS


IRONICALLY, COMMUNISTS AND THEIR SUPPORTERS HAVE

ACCUSED THE GOVERNMENT ASPERPETRATORS OF KILLINGS

“FAULT-FINDERS”ADVANCE THEIR OWN AGENDA AND OBSTRUCT VICTIMS

SEEKING RECOURSE THROUGH THE LEGAL PROCESSES


THE MELO COMMISSION FOUND AS DEPLORABLE THE REFUSAL OF ACCUSERS

TO COOPERATE IN INVESTIGATIONS

FROM FACT-FINDING TO FINGERPOINTING

KARAPATAN AND BAYAN

IGNORES ATROCITIES OF THE CPP-NPA-NDF AGAINST INNOCENT CIVILIANS IN THE CPP’S SYSTEMATIC CAMPAIGN OF TERROR


EXCLUDED CASES (500)INCLUDE:

23 Abu Sayyaf Terrorists

17 Fictitious victims

5 Alive persons


SOURCE: PNP Task Force Usig (www.pnp.gov.ph)

VALID CASES

(TF USIG)

EXCLUDEDCASES

FOR VERIFICATION

59% 26%

15%

KARAPATAN’s 836 Incidents


SOURCES: PNP (www.pnp.gov.ph) as of Dec 2006

Task Force Detainees of the Philippines ( http://tfdp.net) as of Dec 2006,

Karapatan ( http://stopthekillings.org),

PDI (www..inquirer.net) as of July 2007


Of the 836 incidentsby KARAPATAN only 10 had evidence

6 Cases filed in Court Personnel charged:13 AFP, 1 CAFGU

2 Cases Dismissed

SOURCES: Karapatan (http://stopthekillings.org)

AFP Human Rights Office

Under Investigation- 4

Filed- 6

KARAPATAN’s 836 Incidents


WHY ARE THE 826 OTHER INCIDENTS NOT FILED IN COURT?

IF KARAPATAN BELIEVES IN THE JUDICIAL PROCESS AND THE RULE OF LAWWE URGE THEM TO FILE CASES IN COURTS

POLITICAL WARFARE BY THE CPP-NPA-NDF

Objectives:

• Discredit Government

• Undermine the AFP through Asymmetric Warfare

• Gain Support from the Populace




ARMED WARFARE AS THE CPP-NPA-NDF’S PRINCIPAL FORM OF STRUGGLE

COMPLEMENTED BY “LEGAL” AND“PARLIAMENTARY” EFFORTS

CPP’s Three Fighting Tasks


SOURCE: Philippine Revolution Web Central, www.philippinerevolution.net

Further Strengthen the Revolutionary Party of the Proletariat




Expand and Intensify the Armed Revolution




Mobilize the People through the United Front



NTUB

NYSB

NPB

NWB

NGEB

NIPB

NTB

STRPCICRC CVRC CLRCMMRPC BRPC PRPC KR-SB KR-N EVRPC

SMRCNEMRC FSMR

IFCMFNDF SECT ALLIANCES

ANG BAYAN

NIB

NTrB

CPH

FUNCTIONAL COMMISSIONS

TERRITORIAL COMMITTEES

ORDTRNG INTEL MED FIN

SOG

CCMA

REBOLUSYON

SCHOOLOF MAO ZEDONG

NCB

NCMRC

NATIONAL CONGRESS

CENTRAL COMMITTEE

POLITICAL BUREAU

EXECUTIVE COMMITTEE

GENERAL SECRETARIAT

NOD NED

NMC NUFC NProCIDNFC NPC

KOMMID

NMS

LOG INTEL OPNS SPT GRPMED

WMRPC


NTUB

NYSB

NPB

NWB

NGEB

NIPB

NTB


SMRCNEMRC FSMR


ANG BAYAN

NIB

NTrB

CPH




SOG

CCMA

REBOLUSYON

SCHOOLOF MAO ZEDONG

NCB

NCMRC

NATIONAL CONGRESS

CENTRAL COMMITTEE

POLITICAL BUREAU

EXECUTIVE COMMITTEE

GENERAL SECRETARIAT

NOD NED


KOMMID

NMS


WMRPC


NTUB

NYSB

NPB

NWB

NGEB

NIPB

NTB


SMRCNEMRC FSMR


ANG BAYAN

NIB

NTrB

CPH




SOG

CCMA

REBOLUSYON

SCHOOLOF MAO ZEDONG

CCMA

REBOLUSYON

SCHOOLOF MAO ZEDONG

NCB

NCMRC

NATIONAL CONGRESS

CENTRAL COMMITTEE

POLITICAL BUREAU

EXECUTIVE COMMITTEE

GENERAL SECRETARIAT

NOD NED


KOMMID

NMS


WMRPC

ORGANIZATIONAL STRUCTURE OF THE CPP-NPA-NDF



MMCRPC

MMCRPC

METRO MANILA COMMUNIST REGIONAL PARTY COMMITTEE


TEACHERSKatipunan ng mga Gurong Makabayan (KAGUMA)

WOMEN Makabayang Kilusan ng Bagong Kababaihan (MAKIBAKA)

PEASANTSPambansang Katipunan ng Magbubukid (PKM)

STUDENTS/YOUTHKabataang Makabayan (KM)

LABOR ORGANIZATIONSKatipunan ng mga Samahang Manggagawa (KASAMA)

TRADE UNIONSRebolusyonaryong Kongreso ng Kilusang Unyon (RKKU)

TARGET SECTORUNDERGROUND ORGANIZATION

Revolutionary Organization of Lumads (ROL)

Moro Resistance and Liberation Organization (MRLO)

Cordillera People's Democratic Front (CPDF)

Liga ng Agham para sa Bayan (LAB)

Artista at Manunulat ng Sambayanan (ARMAS)

Lupon ng Manananggol para sa Bayan (LUMABAN)

Makabayang Samahang Pangkalusugan (MSP)

Christians for National Liberation (CNL)

Makabayang Kawaning Pilipino (MKP)

CPP UNDERGROUND ORGANIZATIONS

INDIGENOUS GROUPS

MORO GROUPS

INDIGENOUS GROUPS (CORDILLERA)

SCIENTISTS

ARTISTS AND WRITERS

LAWYERS

HEALTH

RELIGIOUS SECTOR

GOVERNMENT EMPLOYEES



CPP-NPA-NDF’S CURRENT PROPAGANDA BLITZ FIT INTO EFFORTS TO DEMONIZE THE AFP

TARGETING THE AFP WHICH IS THE GREATEST HINDRANCE TO

THE CPP’S GOAL


THE AFP DOES NOT STIFLE PRINCIPLED CRITIQUE FROM SECTORS OF SOCIETY.

THE CPP-NPA-NDF UNDERMINES DEMOCRACY BY NOT RENOUNCING THEIR

ARMED STRUGGLE.BANTAY LAYA 2 DOES NOT TARGET CIVILIANS

“ENEMIES OF THE STATE” ARE THOSE WHO SUBSCRIBE TO VIOLENCE

AND VIOLATE STATE SOVEREIGNTY.


THE AFP DETERMINES ORGANIZATIONS ASCPP FRONTS BASED ON FACTS


CPP UNITED FRONT FOR

ARMED REVOLUTION



Total NPA Liquidations: 1,312

SOURCE: AFP Statistics

48.7%

6.3% 8.3%5.6%

31%CIVILIAN

SACTIVE

AFP/PNP

RETIRED AFP/PNP

GOVERNMENT

OFFICIALS

FORMER CPP/NPA/NDF

COLD-BLOODED MURDERS DISGUISED AS “REVOLUTIONARY JUSTICE”


CONRADO BALWEGNPA Commander,Cordillera

POPOY LAGMANMRRC SecretaryCC Member

ROMULO KINTANARNPA ChiefCC Member

SOTERO LLAMASBRPC SecretaqryCC Member

CPP/NPA leaders denounced and

killed as “traitors”

ARTURO TABARAViscom SecretaryCC Member

DEC 1999 FEB 2001 JAN 2003 SEP 2004 MAY 2006

issued by the CPP Central Committee

on 7 April 2006

26


“OPLAN BUSHFIRE”

“As we execute these special operations, we shall accuse and hold responsible the Arroyo regime for the killings and persecution of members of our legal organizations…”



Plaza Miranda Bombing

Initially attributed to the Philippine government

Eventually proven to beperpetrated by CPP-NPA-NDF



“Kampanyang Ahos”

Killed 900 cadres in Mindanao

Admitted by the CPP afterseveral years



CONTINUES ITS EFFORTS TO ENSURE THE ISSUE OF KILLINGS

IS RESOLVED

IS STEADFAST IN RESPECTING EVERY CITIZEN’S RIGHT TO LIFE

YOUR ARMED FORCES


AFP COMMITMENT TO HUMAN RIGHTS

AFP BEARS THE BRUNT OF THE COST IN LIVES IN PROTECTING OUR CITIZENS

Soldiers are the firstto shed blood to protect the people



7 Soldiers killed in Abra protecting the democratic process

14 Marines killed inTipo-tipo, Basilan



AFP/PNP Personnel killed:

1,234


BEYOND THE TOLL IN LIVES ARE THE ORPHANED CHILDREN AND WIDOWS


HOW MANY MORE LIVES ARE WE WILLINGTO LOSE BEFORE WE TAKE ACTION?

AFP’S COMMITMENT TO HUMAN RIGHTS

Existing policies within the AFP

Requiring AFP personnel to obtain clearances from the Commission on Human Rights

Including human rights modules in AFP training programs/courses

Promulgating clear rules of engagement


ABUSES BY MILITARY PERSONNEL ARE ADDRESSED BY THE MILITARY JUSTICE SYSTEM



THE AFP DOES NOT CONDONE ABUSES MADEBY ITS OFFICERS AND PERSONNEL.


Establishment of the AFP Human Rights Office

Works for the improvement of existing internal mechanisms in protecting human rights

Promotes the importance of human rights within the AFP



Command Responsibility

Commanders are tasked to:

Take into custody erring personnel

Arrest and confine offenders

Determine the administrative liabilities of personnel

Commanders are required to deliver AFP personnel to civilian authorities


“Accountability or responsibility of the commander of a Military Force or Unit for the acts of his men, inclusive of the authority to order, to direct,

to prevent or control the acts of his men”

THE AFP MAY CONVENE A GENERAL COURT MARTIALTO INVESTIGATE AFP PERSONNEL INVOLVED IN

THE KILLINGS



THE AFP DOES NOT CONDONE ABUSES MADEBY ITS OFFICERS AND PERSONNEL.


REPUBLIC ACT 7055


SINCE 1991, AFP PERSONNEL CHARGED WITH CRIMINAL OFFENSES

UNDER THE REVISED PENAL CODE ARE TRIED IN CIVILIAN COURTS.


ARTICLE OF WAR 75


REQUIRES COMMANDING OFFICERS TO DELIVER AFP PERSONNEL TO CIVIL AUTHORITIES OR

AID IN APPREHENDING AND SECURING THE ACCUSED PERSONNEL



THE AFP WILL FULLY COOPERATE WITH FACT-FINDING BODIES

CREATED BY PROPER AUTHORITIES

RECOMMENDATIONS

Aggrieved parties should file cases in court

Cause-oriented groups should help victims seek recourse through the justice system instead of blaming the AFP


ANCHORED ON FOLLOWING DUE PROCESS ANDRESPECTING THE RULE OF LAW


LET THE JUDICIAL SYSTEM TAKE ITS PROPER COURSE

LEST WE FORGET, EVERY PERSON HAS A RIGHT TO DUE PROCESS

THE ACCUSED, EVEN A SOLDIER,IS PRESUMED INNOCENT UNTIL PROVEN GUILTY

THE AFP IN A DEMOCRACY: PROTECTING HUMAN

RIGHTS

General Hermogenes C Esperon JrChief of Staff Armed Forces of the Philippines

National Consultative Summit on Extrajudicial Killings and Enforced Disappearances

July 16, 2007

the afp in a democracy: protecting human …pcij.org/blog/wp-docs/esperon_afp.pdfthe afp in a...

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