The Philippine Experience
by
Hon. Jose Luis Martin Gascon, Esq.
26 October 2015
2. 20 years: climate of fear and impunity
3. Abuses (70,000 +) : summary executions and extrajudicial killings (EJKs), tortures, enforced disappearances,
illegal detention & arrests, political repression, rapes,
curtailment of civil, pol and ESC rights (plunder,etc.)
4.Sec.8, Art. 3,Provision, 1973 Constitution: “Civilian
authority is at all times supreme over military.”
- hollow meaning and substance
*1st peaceful revolution
that overthrew a dictator
*A direct exercise of the
Filipino people assisted
by units of the New
Armed Forces of the Phil
(Proclamation #3,The
Freedom Constitution
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C.Aquino Administration: Incidents occurring from March 1986-June 1992
Total: 9,657
Ramos Administration: Incidents occurring from July 1992-June 1998
Total: 7,722
Estrada Administration: Incidents occurring from July 1998-January 2001
Total: 3,863
Arroyo Administration: Incidents occurring from February 2001-December 2008
Total: 8,582
B. Aquino Administration: Incidents occurring from July 2010-October 2015
Total: 5,071
Category of Perpetrators
Armed Forces of the Philippines
Number
98
*Air Force - 20
*Navy
- 31
* Army
- 47
CAFGU
Civilians
CPP-NPA-NDF
CVO
Members of PNP
MILF
MNLF
No entry
Other Armed Groups
Other Paramilitary Groups
Unidentified
TOTAL
21
4,085
355
5
2,382
5
37
231
86
23
677
8,005
1.Stricter limits &
safeguards: on exercise
of the President as
Commander-In-Chief
4.Stricter mandates/measures:
•
•
2.Stringent requirements
for the declaration of
ML/suspension of habeas
corpus
•
•
3.AFP: protector of
PEOPLE, not only of State
All AF: shall take oath or
affirmation to uphold/defend
Constitution
Be insulated from partisan
politics
NO AF member be allowed to
allowed to hold civilian
position in any gov.owned or
controlled corporations
Laws on retirement of military
officers: no extension
a. Creation of CHRP as one Ombuds-Institution
a. Human Rights Protection - Investigation and Case Management of
complaints of violations, including all the powers and services in aid
of investigation, of civil and political rights as well as economic,
social, and cultural rights.
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Monitoring Phil GO compliance to its treaty obligations:
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
Convention Against Torture and Other Degrading Treatment or
Punishment (CAT)
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
Convention Against Racial Discrimination (CERD)
Convention on the Rights of the Child (CRC)
Convention on the Protection of Migrant Workers & their Families
(CMW)
Convention on the Rights of Persons with Disabilities
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the wide range of
strategies for policy,
advocacy, promotion,
social mobilization,
education, training,
public information,
communication,
research, networking
and linkages
Number of Clearances/ Certifications Issued
2009-2014
Year
Police
Military
Civilian
Total
2009
1,177
997
99
2,273
2010
1,181
1,039
62
2,282
2011
1,210
992
92
2,294
2012
770
952
119
1,841
2013
2,343
829
84
3,256
2014
563
747
115
1,425
Total
7,244
5,556
571
13,371
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Dr. Leonard Co Case: scientist-botanist and was alleged killed & 3
others by the elements of the Charlie Company of the 19th IB of the
Armed Force of the Philippines in Nov.15,2010 in a forested area in
Sitio Mahiao, Kananga, Leyte.
CHRP recommended : criminal & administrative charges be filed
against the soldiers for violation of IHL (RA 9851) in relation to the
Revised Penal Code & wrongful killing and against the superior
officers under the Principle of Command Responsibility & for failure
to provide prompt medical assistance to Julio Borromeo
Battalion commander criminally charged for obstruction of justice
for failing to submit firearms used in the Nov. 15,2010 operations
HR Promotional Activities with the AFP, 1989-2015:
Year
Nature and Number of Education, Trainings and
other Partnership
1989-2014
*Conduct of HR-IHL Education and Training
Programs/Workshops to Officers of the Armed
Forces & the Philippine National Police
*2 National Educators’Congress on HR with the
Security Sector
*HR-IHL Training for GO Arsenal, Dept. of National
Defense
*HR-IHL Training for the Army Doctrine Command
*Writing Workshop on the Development of HRE
Curricula for Law Enforcements, Security &
Intelligence (LESI) Agents (see module)
2015
*Immersion on Human Rights Action Center & Rule
of Law (HRAC & RoL) in the security sector
1. Philippine Public Safety College- PPSC
Infusion of new laws on HR in their public
instruction
2. Philippine Military Academy
2.1 Dialogue with the Chief of Academics re
upgrading HR education in the PMA
Estimate No.
Participants
Security/ AF
7,913
25
18
TOTAL as of
August 2015
2 Congresses, 80 training and education sessions
7,956
1.La Breza Declaration of
2013: held AFP to abide
conduct consistent with HR
& IHL
2.Passage of domestic HRrelated laws to better
protect the citizenry-
- Anti-Torture law, antidisappearance law
1.
2.
3.
Gender Ombud
Guidelines w/c covers
members of the AFP
Regular Communitybased dialogues with
the AF in select areas of
the country
Establishment of a Nat’l
Monitoring Mechanism
where the AF sits as a
regular member
1.
2.
Patient and effective institutional partnership with the AFP and other
stakeholders is key.
Establishment of concrete mechanisms whereby security sector play an
active role in protection work:
a.) Protection: CHR-led National Monitoring Mechanism
- whereby all government agencies including Armed Forces
Human Office (HRO) participates as a regular member
b.) Quick Reaction Responding to Urgent HR Violations
c.) Promotion: honest to goodness committee based dialogues
d.) Policy Advisory
3.Credibility gained as an independent Ombud institution
Scientific impact on CHR’s policy
protection, promotion work on the AFP