CHR and International Humanitarian Law

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

What is international humanitarian law?

International humanitarian law is a set of rules which seek, for humanitarian

reasons, to limit the effects of armed conflict. It protects persons who are not or
are no longer participating in the hostilities and restricts the means and methods
of warfare. International humanitarian law is also known as the law of war or the
law of armed conflict.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

What is international humanitarian law?

International humanitarian law is part of international law, which is the body of

rules governing relations between States. International law is contained in
agreements between States treaties or conventions , in customary rules,
which consist of State practise considered by them as legally binding, and in
general principles.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

What is international humanitarian law?

International humanitarian law applies to armed conflicts. It does not regulate

whether a State may actually use force; this is governed by an important, but
distinct, part of international law set out in the United Nations Charter.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

Where did international humanitarian law originate?

International humanitarian law is rooted in the rules of ancient civilizations and

religions warfare has always been subject to certain principles and customs.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

Where did international humanitarian law originate?

Universal codification of international humanitarian law began in the nineteenth

century. Since then, States have agreed to a series of practical rules, based on
the bitter experience of modern warfare. These rules strike a careful balance
between humanitarian concerns and the military requirements of States.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

Where did international humanitarian law originate?

 As the international community has grown, an increasing number of States have
contributed to the development of those rules. International humanitarian law
forms today a universal body of law.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

Where is international humanitarian law to be found?

A major part of international humanitarian law is contained in the four Geneva

Conventions of 1949. Nearly every State in the world has agreed to be bound
by them. The Conventions have been developed and supplemented by two
further agreements: the Additional Protocols of 1977 relating to the
protection of victims of armed conflicts.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

Where is international humanitarian law to be found?

Other agreements prohibit the use of certain weapons and military tactics and
protect certain categories of people and goods. These agreements include:

1. the 1954 Convention for the Protection of Cultural Property in the Event of Armed
Conflict, plus its two protocols;

2. the 1972 Biological Weapons Convention;

3. the 1980 Conventional Weapons Convention and its five protocols;

4. the 1993 Chemical Weapons Convention;

5. the 1997 Ottawa Convention on anti-personnel mines;

6. the 2000 Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

When does international humanitarian law apply? `

Applies only to armed conflict; it does not cover internal tensions or disturbances
such as isolated acts of violence. The law applies only once a conflict has begun,
and then equally to all sides regardless of who started the fighting.

distinguishes between international and non-international armed conflict.

International armed conflicts are those in which at least two States are involved.
They are subject to a wide range of rules, including those set out in the four
Geneva Conventions and Additional Protocol I.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

What does international humanitarian law cover?

International humanitarian law covers two areas:

 1. the protection of those who are not, or no longer, taking part in fighting;

2. restrictions on the means of warfare in particular weapons and the

methods of warfare, such as military tactics

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

Is international humanitarian law actually complied with?

Sadly, there are countless examples of violation of international humanitarian law.

Increasingly, the victims of war are civilians. However, there are important cases where
international humanitarian law has made a difference in protecting civilians, prisoners, the
sick and the wounded, and in restricting the use of barbaric weapons.

Given that this body of law applies during times of extreme violence, implementing the law
will always be a matter of great difficulty. That said, striving for effective compliance remains
as urgent as ever.

INTERNATIONAL HUMANITARIAN LAW AND

INTERNATIONAL HUMAN RIGHTS LAW

What should be done to implement the law?

Measures must be taken to ensure respect for international humanitarian law. States have an
obligation to teach its rules to their armed forces and the general public. They must prevent
violations or punish them if these nevertheless occur.

In particular, they must enact laws to punish the most serious violations of the Geneva
Conventions and Additional Protocols, which are regarded as war crimes. The States must also
pass laws protecting the red cross and red crescent emblems.

Measures have also been taken at an international level: tribunals have been created to
punish acts committed in two recent conflicts (the former Yugoslavia and Rwanda). An
international criminal court, with the responsibility of repressing inter alia war crimes, was
created by the 1998 Rome Statute.

Whether as individuals or through governments and various organizations, we can all make an
important contribution to compliance with international humanitarian law.

Commission on human rights

COMMISSION OF HUMAN RIGHTS PHILIPPINES

National Human Rights Institution (NHRI) of the Philippines is an independent office created
under the 1987 Philippine Constitution and established on May 5, 1987 by virtue of Executive
Order No. 163.

Its mandates is from the 1987 Philippine Constitution and the other laws that have also
entrusted other roles to CHR to protect and promote human rights and the human dignity of
every Filipino and everyone in the Philippines.

CHR is a accredited National Human Rights Institution. It comply with the Paris Principles on
the Status of National Human Rights Institutions adopted by the UN General Assembly in
1995. In line with this, it endeavour to demonstrate the following characteristics of a NHRI:
independence, pluralism, broad mandate, transparency, accessibility and operational
efficiency.
CHR MISSION AND VISON

VISION

A just and humane Philippine society of persons equal in opportunity, living a life of dignity,
and forever vigilant against abuses and oppression.

MISSION

As conscience of government and the people, we seek truth in human rights issues. As
beacon of truth, we make people aware of their rights, and guide government and society
towards actions that respect all rights of all, particularly those who cannot defend themselves
the disadvantaged, marginalized, and vulnerable.

GOAL STATEMENT

To be the prime mover in strengthening respect, understanding and practice of human rights
as the essential corner stone of peace, unity and nation-building.

COMMISSION EN BANK

Q&A
With
Atty. Jacqueline De Guia

Q: What are the current issues being faced by the Commission of Human Rights?

A: We have a lot of issues right now. This is peculiar times specially for the CHR. One
would be the legislation. In terms of the legislation, we have the anti-death penalty bill. We
also have the proposal to lower the minimum age of criminal responsibility. We also have
moves from the Congress to shift to federalism and this is a particular interest of CHR because
as we are all very much familiar with, the CHRs existence is provided for in the Constitution
and to date, we dont have yet a charter. So, we are quite apprehensive that any amendments
in the Constitution with imperil the existence of the CHR. That is in terms of legislation.

In terms of the executive, our main concern right now is the issue of EJKs largely
brought about by the drug campaign of the government. We are also looking into the status of
women, the statements made by the President that would tend to degrade or demean women

Q: Does the current or Duterte administration have a particular program designated to CHR
for implementation? If so, what are these?

A: The CHR is not under the executed, neither it is under the legislative or judiciary
because it is a constitutional office to ensure the independence and partiality to watch and
monitor the branches of government. Aside from being an educator and an advocate,
necessarily because of the nature of our job is to really look into the abuses made by the
government. Therefore, it is necessary move to ensure that it is isolated from influence from
any of the three branches of the government. If you talk about the abuse of government, it
would really involve people in the government who are deemed to be influential. Therefore,
you want your decision to be free from influence.

The CHR promotes human rights stemming from Article 2, Section of the Constitution
where it says the state responsibility in terms of human rights. Human rights is a state
obligation. In terms of patayan or narape, we are not supposed to duplicate the role and the
function of the Philippine National Police. We are not meant to be a law enforcement agency.
We are not supposed to act on common crimes because it is the responsibility of the
government through the Philippine National Police to ensure that the rights pertaining to
peace and order are upheld and ensured but what we look at is whether or not what the
government is doing or not doing its job vis--vis those responsibilities and to remind the
government of their state obligations and to remind them regarding abuse.

Q: The war on drugs

A: We have a problem with regard to the terminology. We dont really have a war here in
the Philippines and it seems that it is conditioning the people for the use violence and it
seems to impress upon people that the victims are in combat which they are not and
therefore, the use of force is necessary, it is not. What we remind government is the
campaign against the war which we fully support, to ensure that the youth are protected and
their rights to be promoted. So, we are trying to evaluate whether the programs of the
government. We do agree in RA 9165 but you should strictly abide by the law. It only provides
for imprisonment and imposition of fines. It does not provide for the killing of persons and
therefore, it should be exception rather than a general rule and if in the course of police
operation, there is resistance, then it is a defense that may only be raised while pending
before the Courts. It should not be raised prior to the filing of charges nor should there be a
clearing of the policemen prior to the institution of charges.

Also stemming from their manual of police operations, the use of force is not your first
resort but rather the last resort and theres the continuum of force provided. So in EJK, we try
to establish whether or not there was resistance and if the use of force was necessary,
proportionate and reasonable, vis--vis, the resistance. We also look at their own rules and our
existing laws to ensure that they abide as they should.

Q: The war on drugs

A: So, we dont take orders from the president nor from any government official because
we are supposed to be independent and neutral. But we work at the government because we
are a government agency and we collaborate with them. We help each other in fighting these
cases. At the end of the day, we make sure that our recommendations are heard. Its a
delicate balance between the need to call the attention of the government and yet at the
same time, ensure that they take our recommendations into consideration

Q: The war on drugs

A: May issue sa press statement that we were happy that the government tokhang. The
thing is, we appreciated their statement when they said that internal cleansing has to be
carried out kaya lang with the declaration right now na ibabalik na ulit, I think it came out
premature with the fact that paumpisa pa lang yung internal cleansing. Hindi pa siya
nagbubunga into something concrete and then binalik na siya agad. You have to ensure muna
that highly trained and highly professionalized yung ating police muna at hindi nila gagamitin
ito for their selfish interests. Because they are encouraged to take the law into their own
hands.

Pretty soon, it will spread into other things and soon, you wont have a police force that
you can run to when you need help but rather will be feared. So, ang sa amin lang is
iencourage mo habang maaga that malinis na at maayos na para hindi magkaroon ng isang
abusive police at saka masigurado niya na tumutugon sya sa mga pangangailangan ng mga
tao. We actually carried out a program with the Philippine National Police where we called the
government to support the PNP modernization bill because we believe that it is effective law
enforcement which is the answer to all of these. We called on the DBM particularly to ensure
that they are well-funded in terms of salaries and equipment and facilities and to ensure its
training so that they will be increasingly effective and efficient in the long run. We also ask the
government to provide for the food of the detainees.

Q: On percentage, what is the status of the Philippines when it comes to violation of human
rights compared to neighboring countries
(Southeast Asia) and in international community?

A: Its quite difficult to give you a categorical answer simply because when we talk about
human rights, its not just the issue of EJK. We also have the right of social security. If we try
to look at the SONA of the President, you will see that he mentioned a lot of human rights
things there, prioritizing the poor, the women. Except na lang if you go to a particular right.

Q: Revival of death penalty

A: We issued a press statement and we also uploaded in our website a research study
made on that. It discusses in detail what are the international law provisions which have been
violated. I just want to highlight that the Philippines, grabe siya sa human rights in the past.
We seated sa drafting ng UDHR. We were on of the first few countries who were there. We
were very active then. Maganda rin ang record naten doon sa Congress particularly sap ag-
adapt ang ratify ng mga international agreements. For a long time, we have send a signal that
we are human rights compliant and advocate.

The national tendency supposedly is increasing your commitment towards human

rights. Kaya lang we have the opposite right now which is quite ironic. Pangalawa, our
membership in the U.N., it actually talks about the four pillars and one of them is the rights of
human law. The particular human rights instruments involve here is the second optional
protocol with the ICCPR. We monitor our governments compliance with its treaty obligations
and we remind the government. Stand true to your words. What signal are we telling the
international community when we do not remain true to our obligation in the contract. If we
start it then other countries will also start doing that kasi aside from human rights, maraming
countries sa U.N. papunta sa economics, we dont want them also to withdraw from those
commitments.

Q: Revival of death penalty

A: We are not supposed to weak the government but kaya lang ang konsensya should be
enough to make them think and reflect about it. When we do investigate, its only in terms of
abuses of government or if si victim belongs to a vulnerable sector. Sa extrajudicial killings,
ang liability or accountability is not only a result of direct participation. Sa EJK, may two
prevailing classifications, death as a result of police operation and death as a result of
vigilante killings. The purpose of the senate inquiry because it should in aid of legislation.
Hindi naman siya Court but to come up with a law. What we want there is n EJK law. Dito sa
EJK, wala pa tayong law na mas mabigat ang parusa kung ang isang state agent ang umabuso
sa kapangyarihan niya and that is the purpose of the senate inquiry supposedly to come up
with legislation that will answer it. In death as a result of police operations, these are
functions which are vested in other democratic institutions which have expertise over the
matter. It can actually spread to others. Hindi lang pushers at addicts ang pinapatay.

We do not protect criminals. In fact, we want them to be behind bars. Tahimik si CHR.
Parang 5% lang ng police operations umaalma si CHR, kapag merong allegations of grave
abuse of power. The rest of the 95%, tahimik siya. It means that those operations followed the
rule of law and therefore, we stayed quiet. We did not conduct an investigation. Kaya lang
kapag kailangan, kailangan na naming magsalita. Otherwise, magpapatuloy yung mga ganito.
We do not protect criminals. Basta sa amin, ang nakalagay kasi sa batas ngayon,
imprisonment and fine. So pag binugbog mo, thats an act of punishment and discrimination.
Lumabis ka na sa kapangyarihan mo. Therefore, we will remind you that you have enforce the
law because a crime has been committed. We check jails. We dont want special treatment for
prisoners. Its supposed to be a punishment after all.

Q: Arrest on Sen. De Lima

A: She should be treated as a regular prisoner like any other accused. If any other prisoners
require the standards of U.N. for treatment of prisoners then we also guaranty that if the talk
of due process, then that should be a guaranty. What we seek to prevent here is the political
prosecution. It should be of no controversy or interest of any particular individual or for the
human rights community to look at her case If it appears that the case against her is a result
of her having committed an infraction against the law per se but if there are allegations that
cases that are being filed against her because of the actions that she did in her former
capacity as a CHR, then the public should be wary

- THANK YOU -