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

AFP: Human Rights

Protection for Every Filipino
 FOREWORD
Table of Contents O nce 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.
The Birth of Human Rights ........................................3
On the succeeding pages are short, but
in-depth articles and discussions on the Human
The Universal Declaration of Human Rights..............4
Rights Issue. We seek not to proselytize,
but to contribute to the effort of translating
Human Rights in the Philippines ..............................5
respect for human rights as a basic obligation.
AFP and Human Rights .............................................6 In this issue, we focus in the Armed Forces
of the Philippines’ advocacy of upholding human
Beyond the Human Rights Issue ................................7 rights, which endeavors to undertake its own ways
of promoting and protecting human rights. It is the
The Soldier. The Institution......................................10 AFP’s earnest desire to propagate human rights values,
principles and ideals for these to be internalized
Non-State Armed Groups and Human Rights by every soldier and become a norm in the corps.
Violations............................................................20 It would do no less to continue to be
the protector, guardian and defender of the
Soldiers of All ..........................................................25 nation, especially its people. We all know that
the Philippine experience on human rights is a
What Are Your Rights? ............................................26 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
Editorial Board that demand sacrifice and true commitment.
CIVIL RELATIONS SERVICE It is the hope of the Editorial Staff that all
ARMED FORCES OF THE PHILIPPINES people of different race and creed shall understand
BGEN JOSE Z MABANTA JR AFP and appreciate the AFP’s strongest commitment
Commander to the Constitution and all rights enshrined upon
COL ROLANDO G JUNGCO (GSC) PAF it. That our continuing mission is to stand in the
Deputy Commander direction we are going and using our power and
COL JOSELITO E KAKILALA (GSC) PA authority to dedicate ourselves to duty and service
Chief-of-Staff and uphold the value of human life and dignity.
Editorial Staff:

MAJ EUGENIO JULIO C OSIAS IV PA

Editor-in-Chief About the Cover:
MAJ OLIVER A BANARIA PAF
Managing Editor
W ith these hands, your
soldiers personify their
determination, meaningful
Editorial Assistants:
purpose and undertakings
MSG SIMEON B EUGENIO PA
MSG ROSENDO Z PAMATI-AN PA FEI PADILLA to protect and uphold
MSG ERNESTO A LAGRIMAS PA HELEN S BUÑALES the human rights for all
SSG JOSE C SUMILIG PA
ELIZABETH COLUMBRES people – young and old,
SGT JULIUS C SERIOSA PAF
PFC LENELYN B BARLAS PA ANNIE E CRUZADA
EDDIE GRAFANE
male and female, rich
PFC SITI AISA N SANAANI PA
A2C ORLANDO D BACALSO PAF GRACE LINA and poor, regardless of
AW2C THELMA C PIEDAD PAF
PFC ADRIAN M MORALETA PA
ERL DURANO background, ideals, and
JOHN VINCENT V CARDENAS
PFC JOVEN D LAPIDEZ PA
JOHN RAY B RAMOS
belief, wherever one may be.
PFC JULIET M BALMES PA

2
Published at the Printing Unit, Civil Relations Service, AFP
 HUMAN RIGHTS
A
t 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 The Cyrus Cylinder gave birth to the idea
own worth as a person too and should be free. Cyrus that slaves have their own worth as a
himself abolished forced labor during his reign. person too and should be free.

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.
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.

3
 Human Rights
The Universal Declaration of
Set of Rights Which Apply to Absolutely Anyone
I
n 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.”
Sources:
http://www.humanrights.com/#/what-are-human-rights
http://www1.umn.edu/humanrts/edumat/hreduseries/hereandnow/
Part-1/short-history.htm
http://www.cyrusthegreat.net/
http://www.udhr.org/history/Biographies/bioer.htm
4
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.
 Human Rights in the P
hilippines
B eing 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.

As the State continues to value the dignity of

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

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.
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.

5
 AFP
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.
and Human Rights
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.
6
 Beyond the Human Rights Issue:
The Actions of the Military Institution

photo from PAO,AFP

T
he 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 The accusations and
human rights concern is not within the context of defamation is a plethora of the
insurgency and the fact that many Filipinos still live sundry and the imaginative.
in the peripheries where insurgency continues to affect These usually emerge around the
them was obscured from him. For years and in many gradient of extrajudicial killings,
cases, military troops have singular access to distant and enforced disappearances,
isolated areas in the country militarization, and other
that are impregnable to ostensible military abuses.
basic services because While there could
of the hazards that be actual disciplinary
insurgents poses. infractions by military personnel, the preponderance
That’s why soldiers of these accusations is unsubstantiated and concocted.
have adopted Nonetheless, any accusation, however feeble and
extended roles as desperate, cannot be taken flippantly for any adverse
teachers, doctors and prejudicial circumstance would by and by hurt
and surgeons, and the military institution. It also weighs heavy on the
engineers, among hearts of men who dedicate the best years of their lives
others, to help fill in and their strongest faculties in protecting freedom and
UN Rapporteur Philip Alston
the void of governance. human rights only to be accused of despoiling them.
7
 ...the military organization has been
forthright in its duty to protect
human rights and in cooperating with
investigating bodies and other human
rights offices 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 8

 “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.”

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.

9 Beyond the Human Rights Issue

The Soldier. The Institution.
Towards a More Perceptive Human Rights Adherence
numerous tactical operations have taught the AFP that
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
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
country and the fundamental nature of the military to
to exemplify discipline and observance of human rights.
protect its citizens stemmed from, and in the fulfillment
The AFP strives for the public to understand that our
of, the principle that each person is entitled to his or
counter-insurgency policies and techniques are permissive
her rights, and that these are to be valued at all times.
- not the domineering sort propagandists portray it
The contention that human rights is universal to be - and with the welfare of the Filipinos on top of
has accompanied humankind throughout centuries of the mind. Hence, the AFP is taking its human rights
change, through war or peace, and as the world still advocacy to a higher level, seeking the full internalization
continues to envision an environment where people’s of the principles by its personnel not only through
rights are respected at all times. The Armed Forces of the theories and trainings, but in actual day to day practices.
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
10
 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.

11 The Soldier. The Institution.

 “ We shall remain a disciplined
institution, steeped in the
ideals of genuine democracy
and peace. ”
– LtGen Ricardo A David Jr

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.

The Soldier. The Institution. 12


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.
13
photos on this page from AFP-HRO
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.
The Soldier. The Institution.
 (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.

15 The Soldier. The Institution.

16

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.
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 Soldier. The Institution.
17
 The AFP is cognizant of the fact that level of
public inference will highly depend on the actuations
“We shall be strict with
of its personnel and on how accountability is violators, but we will protect
instigated within its ranks. Lt Gen David cogently those who are wrongfully
itemized in his guidance, “We shall be strict with
violators, but we will protect those who are wrongfully
accused...”
- AFP Chief of Staff LtGen David
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.

The Soldier. The Institution. 18

 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.

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.

19 The Soldier. The Institution.

 Non-State
Non-State Armed
Armed Groups
Groups
and HUMAN RIGHTS VIOLATIONS

S “Nothing constitutes
tate security forces often get the brunt of
criticisms when it comes to human rights issues
and concerns, however there are – upon flipping a greater violation to
up the coin to its other side - non-state armed groups
(NSAGs) who, by their criminalities and actions, have this right than a life so
infringed the rights of our people. Abuses and defiance brutally ended.”
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.
Even the United Nations keeps record of these
For purposes of promoting human rights violations and publishes these in their official reports,
through accountability, it was not only the AFP which along with observations and recommendations.
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, The CPP/NPA
records of human rights complaints can also be
obtained from the Commission on Human Rights. 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.

20
 115 killing incidents
523 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.

21 Non-State Armed Groups and Human Rights Violations

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- photo from PIO, 3ID
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

(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.

T he 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.

Non-State Armed Groups and Human Rights Violations 22

 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)

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
photo from PAO, 10ID
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.

23 Non-State Armed Groups and Human Rights Violations

 The Southern Philippines
Secessionist Groups (MILF,
LMGs)
misguided MILF base commander, Maestro Felmin

H uman rights abuses committed by rogue MILF

elements have been evident in the restive south.
Old notion of religious or cultural differences as
of MILF’s 105th Base Command burned nearly 100
houses in Barurao, Sultan sa Barongis, Maguindanao.

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
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
T he 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.

Non-State Armed Groups and Human Rights Violations 24


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 does not neglect to understand that humanity and human rights
exist even for those people who we consider as “enemies” or “threats”.
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
25
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.
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.
 What Are Your Rights?
1) We are All Born Free and Equal. 9) No Unfair Detainment

We are born free. We all have our own Nobody has the right to put us in prison
thoughts and ideas. We should be treated without good reason and keep us there, or
in the same way. to send us away from our country.

10) The Right to Trial

2) Don’t Discriminate
If we are put to trial, this should be in
These rights belong to everybody, public. The people who try us should not
whatever our differences. let anyone tell them what to do.

3) The Right to Life 11) We’re Always Innocent Till Proven Guilty

We all have the right to life, and to live Nobody should be blamed for doing
in freedom and safety. 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

4) No Slavery
Nobody should try to harm our good name.
Nobody has any right to make us a slave. Nobody has the right to come into our
We cannot make anyone our slave. home, open our letters, or bother us or our
family without good reason.

5) No Torture

Nobody has any right to hurt us, or to torture 13) Freedom to Move
us.
We all have to right to go where
we want in our own country, and to travel
as we wish.
6) You Have Rights No Matter Where You Go

I am a person like you.

14) The Right to Seek a Safe Place to Live

If we are frightened of being badly treated
7) We’re All Equal Before the Law in our own country, we all have the right to
run away to another country.
The law is the same for everyone. It must
treat us all fairly.

15) Right to a Nationality

8) Your Human Rights Are Protected by Law
We all have the right to belong to
We can all ask for the law to help us when a country.
we are not treated fairly.

26
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 learning bring.
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 Democracy
We 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.
27
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
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
 Soldiers’ Handbook on Human Rights
and International Humanitarian Law:
“Let this handbook enlighten us that we may
be of better service to our fellow countrymen
as their armed forces, their defenders,
protectors of the Filipino Nation.” photo by: Mr. John Tronco
- LtGen Ricardo A David Jr
Chief of Staff, AFP Please visit us at www.crsafp.ph