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Kapihan on Human Rights

La Breza Hotel, Quezon City 25 Oct 2013

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

PURPOSE OF PRESENTATION

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

PURPOSE OF PRESENTATION

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Complement Lectures on Human Rights and IHL Provide information on PH Special Laws on HR and IHL
Presentation is the same as that given to internal audience.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

IPSP Bayanihan

Mission
The AFP conducts support operations to win the peace in order to help the Filipino nation create an environment conducive for sustainable development and a just and lasting peace.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

IPSP Bayanihan

End State

The capabilities of internal armed threats are reduced to a level that they can no longer threaten the stability of the state and civil authorities can ensure the safety and well-being of the Filipino people.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

IPSP Bayanihan
Provide strategic guidance in the performance of mandate of protecting the people and the state. Open document available to all stakeholders for transparency and stakeholder engagement. Highlights the AFPs paradigm shift from purely militaristic solutions to a people-centered approach based on stakeholder participation and involvement. Focused on Winning the Peace.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

IPSP Bayanihan
Strategic Approaches: 1)Whole of Nation Approach Seeks to bring about a concerted effort in peace and security 2) People-Centered Security Approach Puts peoples welfare at the center of military operations. Gives primacy on Human Rights. Explores ways on promoting local security and safety based on the needs and realities of communities.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

IPSP Bayanihan

Strategic Imperatives: Adherence to Human Rights/International Humanitarian Law and Rule of Law Involvement of Stakeholders
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

IPSP Bayanihan
Strategic Concepts:

Contribute to the Permanent and Peaceful Closure of all Armed Conflict Conduct of Focused Military Operations Support Community-based Peace and Development Efforts Carry Out Security Sector Reform

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Security Sector Reform

Under Security Sector Reform (SSR), the AFPs efforts will be geared towards: Capability development; Professionalization of soldiers; Institutionalization of stakeholder engagement Armed Forces in moral high ground in the conduct of all operations.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Transformation Roadmap (AFPTR) The AFPTR will serve as the Armed Forces vehicle in pursuing Security Sector Reform. It highlights the AFPs commitment to transform into a strong and credible institution built on good governance.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Transformation Roadmap (AFPTR)


In keeping with SSR, the AFPTR is geared towards:

Developing capability: Doctrine Organization Training Materiel resources


Professionalization of all its ranks: Disciplined Competent Non-partisan Adherent to Human Rights, International Humanitarian Law, and Rule of Law.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Transformation Roadmap (AFPTR)


The AFPTR 2028 is an organizational development strategy anchored on the Security Sector Reform Agenda.

Aims to transform the AFP into a strong and credible public institution built on good governance. Provides the AFPs strategic guidance for the next 15 years.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Transformation Roadmap (AFPTR)


Army transformation roadmap
Highlights the Armys commitment to pursue genuine transformation founded on good governance and performance excellence.

Flight plan
Organizational guide towards a transformed Air Force to provide better and more effective service to the Nation.

Navy sail plan


Roadmap of naval transformation and development which aims for a stronger and more credible Philippine Navy.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

A WORLD-CLASS ARMED FORCES,

SOURCE OF NATIONAL PRIDE


A STRONG AND SUSTAINABLE ARMED FORCES IN THE PACIFIC REGION, SOURCE OF NATIONAL PRIDE

AFP 2028

2022
MISSION CAPABLE AFP

2016

2013
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP EFFORTS IN HR-IHL-ROL

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Human Rights Violations


Extra Judicial Killings (EJK) Enforced Disappearance Torture 6 Grave Child Rights Violations
Killing or maiming of children Recruitment or use of child soldiers Rape and other forms of sexual violence against children Abduction of Children Attacks against schools or hospitals Denial of Humanitarian Access to children

Red Tagging/Red Baiting/Political Vilification


Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office 18 erickp85@yahoo.com

Study of REPORTS of HRVs in the long past indicates that its COMMISSION is due to

No knowledge &/or wrong interpretation of the provisions of HR-IHL-ROL DLO problem by erring personnel Absence or lack of guidance/coordinating instructions from the Commander Gung Ho attitude during operations Feeling of impunity &/or My CO will do something about the report.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Study of REPORTS of HRVs in the long past indicates that its COMMISSION is due to

No knowledge &/or wrong provisions of HR-IHL-ROL Advocacy/Information DLO problem by erring personnel Dissemination Drives Absence or lack of guidance/coordinating Issuance of directives Conduct of proper instructions from the Commander investigation on those Gung Ho attitude during operations personnel who are accused or alleged to Feeling of impunity &/or My CO will do have perpetrated HRVs something about the report. to determine culpability
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

WE CAN ELIMINATE interpretation the ALL OF of THESE FACTORS

Of PRIME IMPORTANCE is for a SOLDIER to be KNOWLEDGEABLE on the PROVISIONS of Laws Delving on HR/IHL and for him/her to ADHERE to these

In effect Understanding the

RULE OF LAW
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Knowledge & Adherence to the Salient Provisions of Laws Delving on HR/IHL

UDHR IHL / RA 9851 / CARHRIHL RULE 113 / RA 7438 RA 9745 RA 10353 UN Resolutions on CAAC & GCRV Command Responsibility Procedures in Handling HRVs
PHILIPPINE SPECIAL LAWS ON HR & IHL: Enhancing the Culture of HR-IHL-ROL within the AFP

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Command Responsibility

A COMMANDER MUST
Ensure that the Command is capacitated in all matters relative to military operations - one of them is to be HR/IHL/RoL-Compliant Manifest adherence to HR/IHL/RoL & observance of ROE during operational planning/coordination Prevent illegal acts from being committed either by acts of commission or omission When an illegal act is committed, reported &/or monitored, conduct investigation/BOI Command Responsibility is at all levels of Command, and not within HHqs only
PHILIPPINE SPECIAL LAWS ON HR & IHL: Enhancing the Culture of HR-IHL-ROL within the AFP

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Procedures in Handling Reports of HRVs by AFP


Within the Doctrine of Command Responsibility

MATTERS TO BE COVERED
Facts/Narration of events Coordination made with investigative bodies PNP/ NBI/DOJ/CHR Findings based on results of units BOI/Investigation HRV? No HRV? Culpabilities By individual personnel & immediate commanders at all levels Action(s) Taken by Unit Recommendation(s) for HHqs actions Assistance to victims Other details, as needed

Incident
(Reported/ Alleged HRV) SOURCES Victims Victims Families CSOs/NGOs Tri-Media (local &/or national) GO/LGU/ LGA Police Report Incident Report

Conduct BOI &/or Investigation


At all levels of Command: Battalion Brigade Division UC
NB 1: Level of Command equivalent in PN/PAF NB 2: May be undertaken simultaneously, in coordination, or separately by level

Submit Reports
(Bottom to Top) If HRV Will form basis for: Administrative sanctions iaw Mil Justice System Filing of criminal case in court thru appropriate bodies Reports/Public

This protocol is being disseminated to all AFP Personnel and other sectors (CSOs included).

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Army Vision: By 2028, ato world-class Army that is a source national pride Pride By 2028, be a World-Class Army that is a of Source of National

Protocol on Remedies
Sources of Reports (Info) - Victims - Families - Witnesses - CSOs - Others Sources to report violations to 1. AFP HROs 2. CHR 3. CSOs

Default

CSOs

CHR

Where the Reports should go - HROs Bn Bde Div UC AHRO AFPHRO

Investigative Agency for Investigation - Provost Marshall - IG - BOI - OESPA

Prosecution - Court Martial (Officer and EP) - ESB

When approached, pass info to AFP HROs (Hierarchy; La Breza)

HROs to initiate validation of complaints Prima Facie: Pass to Investigative Agency Inform AFPHRO

Investigate. With dispatch. Update AFP/Maj Svc HROs

Check role of Commanders.

For approval of CSAFP. Update apprehending units.

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Other Efforts in HR-IHL-ROL


On INQUIRIES/INVESTIGATIONS and Other ACTIONS Taken in View of Allegations of HRVs
Mechanisms in place to prevent or take action(s) on HRVs
Inter-Agency Committee- AO 35 (ELK, ED, Torture, & Other Grave HRVs) NMM to prevent ELK, ED & Acts of Torture CHR & PHRC MRRS to prevent the 6 GCRVs CWC & UNICEF NPM (OPCAT) CHR & PHRC CMWG GPH-MC for CARHRIHL Tripartite Body to Monitor Actions on UPR Recommendations La Breza Declaration on HR Cooperation of 20 Dec 2012
Cases/complaints can be sent to the AFPHRO and/or the Major Service HROs directly for action.

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Consolidation of Efforts in Enhancing Culture of HR/IHL/ROL

PROMOTION and PROTECTION OF HR & IHL: Enhancing the Culture of HR-IHL-ROL within the AFP

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

CONSOLIDATION OF EFFORTS IN HR-IHL-ROL


Policies PBSA III NSP NSG / DPG RA 10349 SSR AO 35/EO 259 UPR To Address Causes
PROCESS / MEASURES Advocacy and Info Dissemination (ISA) Education/Training Collaboration with stakeholders (WoN Ap) Policies/Directives

IN THE EVENT OF HRV


If Perpetrator is from the AFP

PROTECT & PROMOTE HR

Alleged HRV

Conduct of BOI/ Invest

IPSP
BAYANIHAN

PREVENTION OF HRVs
CAUSES OF HRVs No knowledge &/or wrong interpretation of laws on HR-IHL-ROL DLO problem Absence/Lack of guidance instructions from the Commander Gung Ho attitude Feeling of impunity

AFP ROE for


IPSP BAYANIHAN

RA 9851 RA 9745 RA 7610 RA 9262 RA 8371 RA 10353 RA 7055 Treaties

Doctrine of Command Responsibility

Colonel Rhoderick M. Parayno GCM & Mechanisms Submit Rights Office Chief, AFP Human Criminal Reports Case erickp85@yahoo.com

MATTERS TO BE COVERED Facts/Narration of events Coord w/ PNP/ NBI/CHR Findings/Results of BOI/ HRV? No HRV? Culpabilities of personnel & immediate commanders Action(s) Taken by Unit Recom for HHqs Assistance to victims Other details, as needed

CONSOLIDATION OF EFFORTS IN HR-IHL-ROL


Policies PBSA III NSP NSG / DPG RA 10349 SSR AO 35/EO 259 UPR To Address Causes
PROCESS / MEASURES Advocacy and Info Dissemination (ISA) Education/Training Collaboration with stakeholders (WoN Ap) Policies/Directives

IN THE EVENT OF HRV

PROTECT & PROMOTE HR

If Perpetrator is a NONSTATE ACTOR (Threat Group, e.g., C/N/N)

IPSP
BAYANIHAN
CAUSES OF HRVs No knowledge &/or wrong interpretation of laws on HR-IHL-ROL DLO problem Absence/Lack of guidance instructions from the Commander Gung Ho attitude Feeling of impunity

PREVENTION OF HRVs
RA 9851 RA 9745 RA 7610 RA 9262 RA 8371 RA 10353 RA 7055 Treaties

Assist in the Investigation (PNP/NBI/CHR )

AFP ROE for


IPSP BAYANIHAN

FILE CASES FOR VIOLATIONS OF

Doctrine of Command Responsibility

RA 9851 Revised Penal Code Other Special Laws (inter alia, but not limited to: RA 7610, RA 9262, RA 8371) Colonel Rhoderick M. Parayno Complaints Chief, AFP Human Rights Office Mechanisms CARHRIHL/ MRRS-UN Res on GCRVs) erickp85@yahoo.com

STRATEGIC & OPERATIONAL ACTIONS


(Pro-active Measures)

CHALLENGES DND & AFP ARE FACING


(vis--vis All Undertakings)

STRATEGIC CONCERNS OF GPH


(DND and AFP)

OPERATIONAL & TACTICAL ACTIONS


(Active Measures)

CONSOLIDATION OF EFFORTS IN HR-IHL-ROL


PROCESS / MEASURES Advocacy and Info Dissemination (ISA) Education/Training Collaboration with stakeholders (WoN Ap) Policies/Directives If Perpetrator is from the AFP

Policies PBSA III NSP NSG / DPG RA 10349 SSR AO 35/EO 259 UPR To Address Causes

IN THE EVENT OF HRV

PROTECT & PROMOTE HR

If Perpetrator is a NONSTATE ACTOR (Threat Group, e.g., C/N/N)

IPSP
BAYANIHAN
CAUSES OF HRVs No knowledge &/or wrong interpretation of laws on HR-IHL-ROL DLO problem Absence/Lack of guidance instructions from the Commander Gung Ho attitude Feeling of impunity

PREVENTION OF HRVs
RA 9851 RA 9745 RA 7610 RA 9262 RA 8371 RA 10353 RA 7055 Treaties

AFP ROE for


IPSP BAYANIHAN

OPERATIONAL & TACTICAL ACTIONS - AFP


(By Operational & Tactical Units)

Doctrine of Command Responsibility

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office Mechanisms erickp85@yahoo.com

CONCLUSION: The AFP Soldiers Commitment

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Soldiers Commitment

The AFP will continue to inculcate human rights as a defining basis of our role in the countrys security and stability.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Soldiers Commitment

We cannot defend a country if we are not even capable of recognizing and respecting ones basic human rights.

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Soldiers Commitment

Hence, we deem it crucial for all of us in the DEFENSE & SECURITY SECTOR to realize that in the exercise of our mandate, HR-IHL-ROL take precedence amongst everything else.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Soldiers Commitment

It is our INDIVIDUAL and COLLECTIVE COMMITMENT to bring the AFP to a MORAL HIGH GROUND

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

Paradigm shift on insurgency from AFP-PNP responsibility to everybodys responsibility.

Peace and security can be fully achieved through the concerted and united efforts of all stakeholders.
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Soldiers Commitment

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

AFP Soldiers Commitment

Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

A pleasant morning to everyone!


erickp85@yahoo.com 09176200014
Colonel Rhoderick M. Parayno Chief, AFP Human Rights Office erickp85@yahoo.com

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