Transcript THE AFP IN A DEMOCRACY: PROTECTING HUMAN RIGHTS

THE AFP IN A DEMOCRACY:
PROTECTING HUMAN RIGHTS
General Hermogenes C Esperon Jr
Chief of Staff Armed Forces of the Philippines
National Consultative Summit on Extrajudicial Killings and
Enforced Disappearances- Searching for Solutions
July 16, 2007
The AFP in a Democracy: Protecting Human Rights
YOUR ARMED FORCES
IS
STEADFAST
IN NEVER
ITS DUTY
TO
NEVER
HAD AND
WILL
HELP
ENSURE
THAT
THE
HAVE A POLICY OF
PHILIPPINES PROGRESSES INTO A
TARGETING CIVILIANS
PROSPEROUS
DEMOCRACY
The AFP in a Democracy: Protecting Human Rights
AFP’S MANDATE
PROTECT THE PEOPLE,
SECURE THE SOVEREIGNTY OF THE STATE
AND THE INTEGRITY OF THE
NATIONAL TERRITORY
The AFP in a Democracy: Protecting Human Rights
AFP’S ROLES
ESTABLISH A PHYSICALLY AND
PREVENT ARMED GROUPS
PSYCHOLOGICALLY SECURE
FROM USING FORCE
ENVIRONMENT CONDUCIVE TO
AGAINST THE PEOPLE
NATIONAL DEVELOPMENT
The AFP in a Democracy: Protecting Human Rights
CPP-NPA-NDF
METHODS
THE CPP-NPA-NDF
IS THE PRIMARY
NATIONAL SECURITY THREAT
PARLIAMENTARY
USE OF DECEPTIVE
FORCE AGAINST
NON-COMBATANTS
MEANS
The AFP in a Democracy: Protecting Human Rights
IRONICALLY, COMMUNISTS THEIR
AND
“FAULT-FINDERS”ADVANCE
THEIR SUPPORTERS
HAVE
OWN AGENDA
AND OBSTRUCT
VICTIMS
ACCUSED
THE GOVERNMENT
AS
SEEKING
RECOURSE
PERPETRATORS
OF KILLINGS
THROUGH
THE LEGAL
PROCESSES
The AFP in a Democracy: Protecting Human Rights
THE MELO COMMISSION FOUND AS
DEPLORABLE THE REFUSAL OF ACCUSERS
TO COOPERATE IN INVESTIGATIONS
The AFP in a Democracy: Protecting Human Rights
FROM FACT-FINDING TO FINGERPOINTING
KARAPATAN AND BAYAN
IGNORES ATROCITIES OF
THE CPP-NPA-NDF
AGAINST INNOCENT CIVILIANS
IN THE CPP’S SYSTEMATIC
CAMPAIGN OF TERROR
The AFP in a Democracy: Protecting Human Rights
EXCLUDED CASES (500)
INCLUDE:
KARAPATAN’s 836 Incidents
VALID CASES
(TF USIG)
15%
23 Abu Sayyaf Terrorists
59%
26%
17 Fictitious victims
5 Alive persons
EXCLUDED
CASES
FOR VERIFICATION
SOURCE: PNP Task Force Usig
(www.pnp.gov.ph)
The AFP in a Democracy: Protecting Human Rights
Estimated No. of Unexplained Killings
(Dec 2006)
836
1000
800
600
400
200
115
62
304
0
TFDP
KARAPATAN
TF USIG
PDI
SOURCES: PNP (www.pnp.gov.ph) as of Dec 2006
Task Force Detainees of the Philippines ( http://tfdp.net) as of Dec 2006,
Karapatan ( http://stopthekillings.org),
PDI (www..inquirer.net) as of July 2007
The AFP in a Democracy: Protecting Human Rights
Of the 836 incidents
by KARAPATAN only
10 had evidence
KARAPATAN’s 836 Incidents
Under Investigation- 4
Filed- 6
6 Cases filed in Court
Personnel charged:
13 AFP, 1 CAFGU
2 Cases Dismissed
SOURCES: Karapatan (http://stopthekillings.org)
AFP Human Rights Office
The AFP in a Democracy: Protecting Human Rights
IF KARAPATAN BELIEVES IN THE
WHY ARE
THE 826AND
OTHER
JUDICIAL
PROCESS
THEINCIDENTS
RULE OF LAW
NOT FILED
IN CASES
COURT?
WE URGE THEM
TO FILE
IN COURTS
The AFP in a Democracy: Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
Objectives:
• Discredit Government
• Undermine the AFP through Asymmetric
Warfare
• Gain Support from the Populace
The AFP in a Democracy: Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
ARMED
COMPLEMENTED
WARFARE ASBY
THE
“LEGAL”
CPP-NPA-NDF’S
AND
PRINCIPAL
“PARLIAMENTARY”
FORM OFEFFORTS
STRUGGLE
The AFP in a Democracy: Protecting Human Rights
CPP’s Three Fighting Tasks
Further Strengthen the Revolutionary Party of
the Proletariat
SOURCE: Philippine Revolution Web Central,
www.philippinerevolution.net
The AFP in a Democracy: Protecting Human Rights
CPP’s Three Fighting Tasks
Expand and Intensify the Armed Revolution
SOURCE: Philippine Revolution Web Central,
www.philippinerevolution.net
The AFP in a Democracy: Protecting Human Rights
CPP’s Three Fighting Tasks
Mobilize the People through the United Front
SOURCE: Philippine Revolution Web Central,
www.philippinerevolution.net
The AFP in a Democracy: Protecting Human Rights
ORGANIZATIONAL
STRUCTURE
OF PARTY
THE CPP-NPA-NDF
METRO MANILA COMMUNIST
REGIONAL
COMMITTEE
NATIONAL CONGRESS
CCMA
CENTRAL COMMITTEE
MMCRPC
POLITICAL BUREAU
REBOLUSYON
SCHOOL
OF MAO ZEDONG
EXECUTIVE COMMITTEE
NTUB
NYSB
GENERAL
SECRETARIAT
NPB
NIB
NWB
NOD
NED
NGEB
NCB
NTrB
NTB
CPH
NIPB
NMC
NUFC
NMS
TRNG
ORD
NDF SECT
INTEL
MED
ANG BAYAN
FUNCTIONAL
COMMISSIONS
FUNCTIONAL COMMISSIONS
MF
NFC
NProC
ID
NPC
IFC
ALLIANCES
FIN
SOG
MED
LOG
INTEL
OPNS
SPT GRP
SOURCE: Philippine Revolution Web Central, www.philippinerevolution.net
TERRITORIAL
TERRITORIAL COMMITTEES
COMMITTEES
MMCRPC
MMRPC
ICRC
CVRC
CLRC
STRPC
BRPC
PRPC
KR-SB
WMRPC
KR-N
NEMRC
EVRPC
NCMRC
KOMMID
SMRC
FSMR
The AFP in a Democracy: Protecting Human Rights
CPP UNDERGROUND ORGANIZATIONS
UNDERGROUND ORGANIZATION
TARGET SECTOR
Rebolusyonaryong Kongreso ng Kilusang Unyon (RKKU)
TRADE UNIONS
Katipunan ng mga Samahang Manggagawa (KASAMA)
LABOR ORGANIZATIONS
Kabataang Makabayan (KM)
STUDENTS/YOUTH
Pambansang Katipunan ng Magbubukid (PKM)
PEASANTS
Makabayang Kilusan ng Bagong Kababaihan (MAKIBAKA)
WOMEN
Katipunan ng mga Gurong Makabayan (KAGUMA)
TEACHERS
Makabayang Kawaning Pilipino (MKP)
GOVERNMENT EMPLOYEES
Christians for National Liberation (CNL)
RELIGIOUS SECTOR
Makabayang Samahang Pangkalusugan (MSP)
HEALTH
Lupon ng Manananggol para sa Bayan (LUMABAN)
LAWYERS
Artista at Manunulat ng Sambayanan (ARMAS)
ARTISTS AND WRITERS
Liga ng Agham para sa Bayan (LAB)
SCIENTISTS
Cordillera People's Democratic Front (CPDF)
INDIGENOUS GROUPS (CORDILLERA)
Moro Resistance and Liberation Organization (MRLO)
MORO GROUPS
Revolutionary Organization of Lumads (ROL)
INDIGENOUS GROUPS
The AFP in a Democracy: Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
TARGETING
THE AFP
WHICH IS BLITZ
CPP-NPA-NDF’S
CURRENT
PROPAGANDA
THE EFFORTS
GREATEST
FIT INTO
TOHINDRANCE
DEMONIZE TO
THE AFP
THE CPP’S GOAL
The AFP in a Democracy: Protecting Human Rights
THE
CPP-NPA-NDF
“ENEMIES
OF THEUNDERMINES
STATE” ARE
THE
AFP
DOES
NOT
STIFLE
PRINCIPLED
BANTAY
DEMOCRACY
LAYA
2BY
DOES
NOTNOT
RENOUNCING
TARGET
CIVILIANS
THEIR
THOSE
WHO
SUBSCRIBE
TO
VIOLENCE
CRITIQUE
FROMSTATE
SECTORS
OF SOCIETY.
ARMED
STRUGGLE.
AND VIOLATE
SOVEREIGNTY.
The AFP in a Democracy: Protecting Human Rights
THE AFP DETERMINES ORGANIZATIONS AS
CPP FRONTS BASED ON FACTS
The AFP in a Democracy: Protecting Human Rights
CPP UNITED FRONT FOR
ARMED REVOLUTION
The AFP in a Democracy: Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
FORMER
CPP/NPA/NDF
RETIRED
AFP/PNP
GOVERNMENT
OFFICIALS
6.3% 5.6% 8.3%
ACTIVE
COLD-BLOODED
MURDERS DISGUISED
AS
CIVILIANS 48.7%
31%
AFP/PNP
“REVOLUTIONARY JUSTICE”
Total NPA Liquidations: 1,312
SOURCE: AFP Statistics
The AFP in a Democracy: Protecting Human Rights
DEC 1999
FEB 2001
CONRADO BALWEG
NPA Commander,
Cordillera
POPOY LAGMAN
MRRC Secretary
CC Member
JAN 2003
SEP 2004
ROMULO KINTANAR ARTURO TABARA
NPA Chief
Viscom Secretary
CC Member
CC Member
CPP/NPA leaders denounced and
killed as “traitors”
MAY 2006
SOTERO LLAMAS
BRPC Secretaqry
CC Member
The AFP in a Democracy: Protecting Human Rights
“OPLAN BUSHFIRE”
issued by the CPP
Central Committee
on 7 April 2006
26
The AFP in a Democracy: Protecting Human Rights
“As we execute these special
operations, we shall
accuse
and hold responsible the
Arroyo regime for the killings
and persecution of members of
our legal organizations…”
The AFP in a Democracy: Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
Plaza Miranda Bombing
Initially attributed to
the Philippine government
Eventually proven to be
perpetrated by CPP-NPA-NDF
The AFP in a Democracy: Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
“Kampanyang Ahos”
Killed 900 cadres in Mindanao
Admitted by the CPP after
several years
The AFP in a Democracy: Protecting Human Rights
YOUR ARMED FORCES
CONTINUES ITS EFFORTS TO
IS STEADFAST IN RESPECTING
ENSURE
THE RIGHT
ISSUE TO
OF LIFE
EVERY
CITIZEN’S
KILLINGS IS RESOLVED
The AFP in a Democracy: Protecting Human Rights
AFP COMMITMENT TO HUMAN RIGHTS
AFP BEARS THE BRUNT OF THE COST IN
LIVES IN PROTECTING OUR CITIZENS
Soldiers are the first
to shed blood to protect
the people
The AFP in a Democracy: Protecting Human Rights
AFP BEARS THE BRUNT OF THE COST IN
LIVES IN PROTECTING OUR CITIZENS
7 Soldiers killed
in Abra protecting the
democratic process
14 Marines killed in
Tipo-tipo, Basilan
The AFP in a Democracy: Protecting Human Rights
AFP BEARS THE BRUNT OF THE COST IN
LIVES IN PROTECTING OUR CITIZENS
AFP/PNP Personnel killed:
1,234
The AFP in a Democracy: Protecting Human Rights
BEYOND THE TOLL IN LIVES ARE THE
ORPHANED CHILDREN AND WIDOWS
The AFP in a Democracy: Protecting Human Rights
HOW MANY MORE LIVES ARE WE WILLING
TO LOSE BEFORE WE TAKE ACTION?
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
Existing policies within the AFP
Requiring AFP personnel to obtain clearances from the
Commission on Human Rights
Including human rights modules in AFP training
programs/courses
Promulgating clear rules of engagement
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
Establishment of the AFP Human Rights Office
Works for the improvement of existing internal
mechanisms in protecting human rights
Promotes the importance of human rights within the AFP
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
Command Responsibility
Commanders are tasked to:
“Accountability or responsibility of the commander of a
Take Force
into custody
erringfor
personnel
Military
or Unit
the acts of his men,
inclusive of the authority to order, to direct,
Arrest and confine offenders
to prevent or control the acts of his men”
Determine the administrative liabilities of personnel
Commanders are required to deliver AFP personnel to
civilian authorities
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
THETHE
AFPAFP
MAY
CONVENE
A GENERAL
COURTMADE
MARTIAL
DOES
NOT CONDONE
ABUSES
TO INVESTIGATE
AFP PERSONNEL
INVOLVED IN
BY ITS OFFICERS
AND PERSONNEL.
THE KILLINGS
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
REPUBLIC ACT 7055
SINCE 1991, AFP PERSONNEL
CHARGED WITH CRIMINAL OFFENSES
UNDER THE REVISED PENAL CODE
ARE TRIED IN CIVILIAN COURTS.
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
ARTICLE OF WAR 75
REQUIRES COMMANDING OFFICERS TO DELIVER
AFP PERSONNEL TO CIVIL AUTHORITIES OR
AID IN APPREHENDING AND SECURING
THE ACCUSED PERSONNEL
The AFP in a Democracy: Protecting Human Rights
AFP’S COMMITMENT TO HUMAN RIGHTS
THE AFP WILL FULLY COOPERATE
WITH FACT-FINDING BODIES
CREATED BY PROPER AUTHORITIES
The AFP in a Democracy: Protecting Human Rights
RECOMMENDATIONS
Aggrieved parties should file cases in court
ANCHORED ON FOLLOWING DUE PROCESS AND
Cause-oriented groups should help victims seek
RESPECTING THE RULE OF LAW
recourse through the justice system instead of
blaming the AFP
The AFP in a Democracy: Protecting Human Rights
LEST
LET
THE
WE
FORGET,
JUDICIALEVEN
EVERY
SYSTEM
TAKE ITS
HAS
THE
ACCUSED,
APERSON
SOLDIER,
A RIGHT
PROPER
TO DUE
COURSE
PROCESS
IS PRESUMED
INNOCENT
UNTIL
PROVEN GUILTY
THE AFP IN A DEMOCRACY:
PROTECTING HUMAN RIGHTS
General Hermogenes C Esperon Jr
Chief of Staff Armed Forces of the Philippines
National Consultative Summit on Extrajudicial Killings and
Enforced Disappearances
July 16, 2007