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 extra-judicial 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

C.Aquino Administration: Incidents occurring from March 1986-June 1992Total: 9,657

Ramos Administration: Incidents occurring from July 1992-June 1998Total: 7,722

Estrada Administration: Incidents occurring from July 1998-January 2001Total: 3,863

Arroyo Administration: Incidents occurring from February 2001-December 2008Total: 8,582

B. Aquino Administration: Incidents occurring from July 2010-October 2015Total: 5,071

Category of PerpetratorsCategory of Perpetrators NumberNumberArmed Forces of the Philippines

*Air Force - 20

*Navy - 31

* Army - 47

98

CAFGU 21

Civilians 4,085

CPP-NPA-NDF 355

CVO 5

Members of PNP 2,382

MILF 5

MNLF 37

No entry 231

Other Armed Groups 86

Other Paramilitary Groups 23

Unidentified 677

TOTAL 8,005

3.AFP: protector of PEOPLE, not only of State

1.Stricter limits & safeguards: on exercise of the President as Commander-In-Chief

2.Stringent requirements for the declaration of ML/suspension of habeas corpus

4.Stricter mandates/measures:

•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.

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

the wide range of strategies for policy, advocacy, promotion, social mobilization, education, training, public information, communication, research, networking and linkages

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

Number of Clearances/ Certifications Issued

2009-2014

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

Year Nature and Number of Education, Trainings and other Partnership

Estimate No. Participants Security/ AF

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)

7,913

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

25

18

TOTAL as of August 2015

2 Congresses, 80 training and education sessions

7,956

HR Promotional Activities with the AFP, 1989-2015:

1.La Breza Declaration of 2013: held AFP to abide conduct consistent with HR & IHL

2.Passage of domestic HR-related laws to better protect the citizenry-- Anti-Torture law, anti-disappearance law

1. Gender Ombud Guidelines w/c covers members of the AFP

2. Regular Community-based dialogues with the AF in select areas of the country

3. Establishment of a Nat’l Monitoring Mechanism where the AF sits as a regular member

1. Patient and effective institutional partnership with the AFP and other stakeholders is key.

2. 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 Violationsc.) Promotion: honest to goodness committee based dialoguesd.) Policy Advisory

3.Credibility gained as an independent Ombud institution

Scientific impact on CHR’s policy protection, promotion work on the AFP