HUMAN RIGHTS WATCH

101 HR Cases Filed vs Gov’t

One hundred and one complaints of human rights violations have been filed against the government with the Joint Monitoring Committee (JMC) of both the GRP and the National Democratic Front of the Philippines (NDFP). The cases involved 3,133 human rights violations and more than 100,000 victims.

By Karl G. Ombion
Bulatlat

BACOLOD CITY - As of this week, 101 complaints of human rights violations have been filed against the Government of the Republic of the Philippines (GRP) to the Joint Monitoring Committee (JMC) of both the GRP and the National Democratic Front of the Philippines (NDFP).

The complaints, human rights lawyer Edre Olalia said in a forum over the weekend, involved 3,133 human rights violations and more than 100,000 victims. Most cases involved illegal arrests, summary executions, massacres and forced disappearances committed allegedly by military and police elements.

No case has been filed against the NDFP particularly the New People’s Army (NPA), the armed component of the Communist Party of the Philippines (CPP).

Olalia, legal consultant to the NDFP Nominated Section of the JMC Joint Secretariat, issued the report in a forum on the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) sponsored by the Pilgrims for Peace and the human rights alliance Karapatan. More than 200 people including local executives, church leaders, human rights advocates, OFW leaders and issue-oriented people’s organizations attended the forum.

A landmark agreement signed by both the GRP and NDFP in 1998, CARHRIHL seeks to bring the civil war under international law by, among others, setting up the JMC to monitor human rights violations. JMC began to function in its formal launching last June 4 in New Manila, Quezon City.

Olalia stressed that the CARHRIHL is the first in the four-point substantive agenda of the peace talks agreed upon by the GRP and the NDFP. The other three are the socio-economic reforms which is up for discussion when talks resume last week of August; socio-political and constitutional reforms; and finally, the cessation of armed hostilities and the disposition of forces.

People’s rights

He also clarified that CARHRIHL seeks to protect the rights of the people, and those directly involved in the armed conflict, the armed forces of both the GRP and the NDFP. It embodies principles and rules in the international agreements, like the UN Declaration on Human Rights and the Geneva Conventions, and the specific practices in the country. 

Olalia admitted however that the agreement will not necessarily resolve the armed conflict in the country, but will humanize the civil war by minimizing human rights violations.

CARHRIHL, he also said, will cover only violations from August 7, 1998 when deposed President Estrada signed it, to the present. It covers all Filipino people, including those abroad whose rights provided in the CARHRIHL may have been violated one way or the other, he said.

Complaints filed will be processed by the JMC members. Based on the evaluation, the committee will then submit joint and separate recommendations to the principals of both parties for action.

NPA guerrillas who may have complaints on their treatment in the hands of soldiers or policemen once they are captured can ask for the facilitation of their complaints from the media, the church, party-list organizations, or anybody whom they could trust. This is also convenient for the guerrillas who cannot come out for security reasons, Olalia added.

Furthermore, complaints could also be filed against the members of the RPA-ABB who are now alleged to be government agents engaged in civilian and police operations, Olalia said.

The Philippine-based JMC is a new concept and, as far as he is concerned, is one of a kind in the world. It is truly an alternative mechanism, Olalia expounded, because it could process violations of the rules of war and human rights, while keeping the respective laws and processes of the GRP and the NDFP.

Negrenses vow full support

In the forum Fr. Romeo Tagud said that with the CARHRIHL and JMC in place, the public could now participate in humanizing the war, which used to be a “domain” only of the warring states.

Ret. IFI Bishop Roman Tiples said, “I am happy that the peace talks between the GRP and the NDFP which have already cost thousands of lives, properties and environment, have finally produced some positive results. Certainly, I and my people will take active part in it to ensure that it is followed especially by the GRP forces.”

Maria Rina Amacio of the Gabriela Women’s Party said that with countless women and children victimized by the government forces, there is no reason why the JMC mechanism should not be supported.

“Of course, we have some doubts as to its viability given the contradictory positions of GRP and the NDFP. But it is by far better than none,” Amacio said.

Romeo Baldevarona, OIC of Commission on Human Rights in Negros, said that he had been told by his superiors about the CARHRIHL but admitted that it is only in the forum where he learned about ms, main provisions and mechanisms.

“I can only conclude that with the justness and practicability of the CARHRIHL, we can truly advance the cause of human rights in Negros and in the country,” he said.

Several councilors, including SB Willy Tortosa of Cauayan town in the CHICKS district, and an officer of the League of Councilors, said they will support the implementation of CARHRIHL.

Fr. Ireneo Gordoncillo of the Pilgrims for Peace in Negros told the forum participants that the CARHRIHL is a product of people’s resilient struggle and that the NDFP only systematized and brought it on the negotiating table because “they are for the people.”

Fair and objective

In a separate forum the following day organized by the National Union of Journalists of the Philippines-Negros, Olalia said that the media community has an important role to play in advancing the cause of human rights because of their influence.

He told the media to be fair and objective in reporting human rights violations by the state as he urged them not to take press statements and facts presented by the military or police spokespersons as gospel truths. Reports should instead be verified and journalists should conduct independent investigations, interview the victims and relatives, and reach out to the alleged violators, he said.

Olalia reminded the media of their right to information, and the rights as well of the victims, especially political prisoners, provided under RA 7438. The act provides among others the rights of the victims to counsel, to be visited, to be informed, to give testimonies while in military custody.

The people must always be updated because human rights violations happen every minute, hour and day. The media is the best institution to inform the public and fiscalize public actions, he added.

Edgar Cadagat, chairman of NUJP-Negros, said on behalf of the local media that they would exert all efforts to give accurate and fair reporting of the CARHRIHL implementation, especially when it comes to human rights violations.

Held at the Negros Press Club, the press forum was attended by reporters and editors from The Visayan Daily Star, The Visayas Daily Courier, Sun Star Today, MBC-DYEZ, DYRL, RGMA-Super Radio, ABS-CBN, and some blocktimers. Bulatlat

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