10 December 2009

Respect and Protect Human Rights during Martial Law in Maguindanao

“Consciously put in place protections for human rights during martial law in Maguindanao,” the independent Commission on Human Rights urged the government including the military during International Human Rights Day (10 December).

The Commission en banc made this call immediately after the session of Congress that considered the imposition of martial law in Maguindanao late 9 December.

“Martial law is a reality, even though the CHR does not support it,” said CHR Chairperson Leila M. de Lima, “so we have to protect human rights in this area now that there are greater risks of violations under martial law.”

The Commission called on the police, the AFP and the NBI to respect the rights of ordinary persons, and even of suspects; to ask questions and search for documents and information with respect for everyone’s dignity. The Commission called on the Armed Forces to immediately distribute and remind soldiers on the ground about the doctrine and policies on Command Responsibility but also to issue rules of engagement that would minimize hurt to civilians and non-combatants.

“The CHR personnel and officers are marking Human Rights Day by working intensively to right the wrongs in Maguindanao. This is not a time to celebrate but protection work is also a relevant way to observe this important day.”

Human rights standards and the laws that protect human rights remain in place even with martial law. So, says the Commission, members of the uniformed services should still respect human rights while exercising their additional powers.”

De Lima says, “Martial law should not be used as an excuse for violating rights to privacy, to life, to security of persons, and other rights.”

The Commission also warned that investigators should make sure they follow proper procedures during this time when collecting evidence on the Maguindanao massacres. “Evidence gathered outside of legal means will be useless to prosecutions so they have to be extra careful so that we can bring the perpetrators to justice through the legal process.”

The AFP and PNP should also distribute and prominently display in public places the proper processes of arrest and searches under martial law, and where people can go to seek remedies for complaints. This way, people will not misunderstand the powers of the investigators and detaining authorities.

“This is one way the government can ensure that people and the soliders and police on the ground know exactly what martial law allows, and does not allow,” said Chair de Lima.

“The government says this martial law is to be beneficial and ‘friendly’ so these are the ways that resources should be dedicated to keep it that way,” said de Lima.