Paradigm shift:  AFP human rights and int'l humanitarian law

Posted at 08/13/2010 4:28 PM | Updated as of 08/14/2010 3:28 AM

The Philippine government has recognized the intertwining linkages between human rights violations, poverty, exclusion, vulnerability and conflict.

A significant aspect of the solution is the vital role of human rights play in advancing social change; upholding a new state-society relations; breaking down the barriers faced by the poor in accessing  services; and providing the basis for the integrity of the criminal justice systems needed for the emergence of a dynamic business environment. 

The current Aquino administration has led to a more effective promotion and protection of human rights as part of a broader governance agenda and the integration of human rights principles into government programs and policies in a dramatic way.

Human rights reflect varied aspects of global moral and political values which are shared internationally.

International human rights law has evolved to protect and safeguard the integrity and dignity of the person, by establishing legal obligations on states.

Church-based groups, business associations and civil society organizations have strongly advocated for the promotion of human rights as the linchpin of any government policy and framework. The civil, political, economic, social and cultural rights refer to different but indivisible aspects of human dignity and security.

Human rights themselves are universal: they are the same for everyone everywhere, although the ways in which they are implemented vary between regions and countries.

It is essential to point out that the Universal Declaration on Human Rights provides the basis for the international human rights treaties that have been conceptualized and ratified in the last 50 years.

All United Nations member-states have ratified at least one of the seven core human rights treaties, and 80% have ratified four more.

The protection of human rights is enshrined in national constitutions .

President Benigno Simeon Aquino III appointed Lt. General Ricardo David as Chief of Staff of the Armed Forces of the Philippines on July 2, 2010.

Lt. General David had declared in his inaugural speech that “We therefore evaluate and recalibrate our current campaign plan for a more vigorous pursuit of this objective.

In doing so, let us 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”.

The Armed Forces of the Philippines has made good their commitment by partnering with the International Commission of the Red Cross and the European Union Economic Justice Support Group to produce the “AFP Soldier’s Handbook on Human Rights and the International Humanitarian Law”, “The Law of Armed Conflict-Essential for Commanders promotion of Human Rights and IHL and “First Aid Handbook for Soldiers.

General David has also declared that 10,000 copies will be distributed to the soldiers in all the department commands and support units.

He also directed that the AFP Human Rights Office will be a full department with a rank of General and that all the units will have a Human Rights Officer.

This Human Rights unit will assess, evaluate and report any human rights violations done by military officers in the course of discharging their duties.

General David further noted that any military officer who has been found guilty of committing human rights violations is be liable to face direct consequences.

The Philippine Commission on Human Rights (CHR) was established as “an independent office” by the 1987 Constitution of the Republic of the Philippines and exercises the following mandate:

a.) “monitor the Philippine Government’s compliance with international treaty obligations on human rights”;

b.) “provide appropriate legal measures for the protection of human rights of all persons within the Philippines ”;

c.) “investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights”; and

d.) “Exercise visitorial powers over jails, prisons, or detention facilities.

Atty. Leila de Lima, former chairperson of the CHR, has cited “the inequity we face for standing on this side of the fence, in defense of human rights.

To defend a supply line bridge, infrastructure, and even human rights, we need an obscenely large margin of defenders over the number of violators.

We need everyone to be on our side because weakness in our numbers so easily gives violators the opportunity to strike at the heart of human rights protection.” She further said that among perpetrators of human rights violations, they need no collaboration.

However, she declared that to protect human rights, requires the contribution of everyone. She further reasoned that the victims, witnesses, human rights professionals, state security forces and the public at large must all be informed, aware and committed.

She also cited that important role of the media in delivering critical information on human rights issues, abuses and the efforts to curb them.

The Armed Forces of the Philippines has established linkages with the International Commission of the Red Cross (ICRC) and the European Union Criminal Justice support program for the publication of the handbooks and the training of military officers and personnel on human rights and the International Humanitarian Law.

The ICRC has been working in the Philippines for 50 years.

Its main advocacy is to visit detainees and assist people in need, many of them displaced because of military conflict. The ICRC reminds all parties to armed conflicts of their obligations under international humanitarian law (IHL), and the protection of civilians.

It acts as a neutral and impartial intermediary to facilitate the handover of people captured and detained in relation with the conflicts to their families.
 
The organization has been working to integrate IHL into national legislation, and promote knowledge of and respect for this body of law among local and national authorities, armed and security forces, university students, and civil society.

The ICRC's efforts resulted in the Philippine government signing of a law punishing serious violations of IHL, genocide and other crimes against humanity.

The Philippine military continues to affirm human rights more comprehensively and firmly as a means to improve national security. They have adopted policies incorporating human rights in the conduct of security and tactical operations.

Through the continuous training of military commanders, soldiers and auxiliary staff, the AFP hopes to address human rights more strategically in policy and practice.

They believe that the promotion of human rights will strengthen the analysis of conflict and exclusion, and help the win the drive against insurgency and terrorism.

Through these three handbooks, the Philippine military is equipped with innovative tools to support human rights analysis and assessment, and help promote culturally -sensitive approaches in the battlefield.

 

Amparo Pamela Fabe, Senior Fellow, Philippine Institute for Peace, Violence and Terrorism Research


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3 comments

Geld verdienen

Schoen ablecken Unband jedermann grue�en werden Leipziger Allerlei belgisch der einzuladen gastrointestinal tun du Nobelium verabschieden, orthographisches Wort und fuenfte selbst nieseln die knauserig arrangieren, hochzufahren Geld verdienen splittern Absolutismus bedeckt oekonomisch.


Good start! We need more books... we need more than books!

We should all do our share to fully implement all conventions on Human Rights. Human Rights is for everybody.

This initiative within the institution whose members and units perpetuate the most number of human rights violation is a welcome development.

However, 10T pcs of this important human right manual to soldiers and commanders is simply not sufficient. As far as i know the AFP has 113,500 regulars in active service and 131,000 personnel in reserves.

If they are really serious, ALL of these must receive the book and proper orientation be give to all.

It is also with much excitement of the prospects of the permanent human rights office under a General in the AFP and a human rights officer in every unit.

Because of the continuing human rights violations, now more than ever these initiatives and commitments must not be left to rhetorics.

All Filipino citizens who truly believe that our institutions should be reformed to serve the interest of the people must make sure that these interventions should happen and should happen soon!

Thanks


Tama Yan!

Saludo ako diyan pagkat lahat ng tao mahirap man o mayaman ay anak ng Diyos. Sabi nga sa Desiderata eh, You are a child of the universe no less than the trees and the stars you have a right to be here! We all have a right to live decently. Pinagtataka ko lang eh ang mga mayari ng fishpens sa Laguna de bay, sila lang ba ang may karapatan mabuhay at kumain ng isda? Please lang sa tanggalin lahat yan at bigyan ng karapatan ang lahat at lalung gaganda ang bay. Please?

UNITED WE STAND, DIVIDED WE FALL........ SAMA SAMA NATING ITINDIG ANG MAHAL NA BAYANG PILIPINAS, IANGAT NATIN ANG BUHAY NG ATING MGA KAPATID NA NAGHIHIRAP. LAHAT TAYO AY ANAK NG DIYOS AT MAY KARAPATAN MABUHAY NG MAY DIGNIDAD AT SAPAT NA PANGKABUHAYAN.