 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
|||
 |
||||||||||
 |
 |
 |
||||||||
Bantayog ng mga Bayani, Quezon Avenue, Quezon City
5 September 2009
by
LEILA M. DE LIMA
Chairperson
KEYNOTE SPEECH
Good morning to all of you.
First of all, let me thank your organization, the Peace Advocates for Truth, Healing and Justice (PATH), in particular, your Secretary General Robert Garcia, and Chairperson Lilian Mercado-Carreon, for the invitation to be part of today's significant event.
Today's event marks yet another milestone in the lifespan of your institution. This is PATH's third General Assembly, marking more than 9 years of existence, 9 years of being at the forefront of the effort, to ensure an end to impunity in the Philippines.
You and I know that the human rights situation in the Philippines today is in a dismal state. Allegations and acts of torture, abduction and summary executions are unfortunately commonplace. Standards and policies set down on paper are presented to the public and the international community, while the reality on the ground has been very different. And to make matters worse, the protection and promotion of the human rights to an adequate standard of living, adequate food, to health and to education, leave much to be desired.
These are the abuses and violations which tend to get more play in the media. Government officials go on the air, to air their side of alleged human rights breaches. Incidents involving police officers and soldiers get to be investigated and covered by media. Legislators are able to require public officials to attend hearings, on events of interest. Many of these investigative procedures are fairly straightforward, and are regularly conducted, while the public at large watches on television.
While these particular investigations are, of course, crucial, they do not tell the whole story. For there are other human rights violations, perpetrated in the past, and which continue to be carried out into the present, involving organizations and individuals who do not belong to government security forces. We are talking here of non-State actors. And while human rights efforts have tended to focus on the duties and obligations of the State vis-a-vis its citizens, there is also the recognition that these non-State actors bear duties and obligations as well.
Torture is reprehensible, whether it is experienced at the hands of police officers, revolutionaries or separatists. And the anguish of loved ones is no less deep, whether their loved one is disappeared by a group of soldiers or by that person's fellow guerrillas. The pain and degradation, scars and trauma, sense of loss and emptiness, they are there whether the perpetrators are with government or not.
In fact, in some ways, abuses experienced at the hands of a person's former comrades cut deeper,because there is a sense of betrayal there which is very real. This sense of betrayal was discussed on page 57 of the book, "To Suffer Thy Comrades," written by Mr. Garcia. He explained there the emotional response to torture and inhumane treatment, carried out by former colleagues, and I quote:
"First is the inevitable shock. While as revolutionaries, we were by and large psychologically prepared for the real dangers inherent in that state, we were totally unprepared to experience adversity under comrades' hands ... Those who were arrested later ... had more or less seen it coming, thus the attendant shock effect has been considerable lessened. Nevertheless, the incredulity at such a thing actually happening had been common to all." End of quote.
It is beyond cavil that non-State actors are equally capable of carrying out the worst forms of human rights violations. These abuses must be condemned by all human rights advocates, and the effort to put an end to these types of atrocities must continue. We at the Commission on Human Rights (CHR) thank you for making this your mandate, and honor the work that you have done, on behalf of the victims of human rights abuses at the hands of non-State actors.
The CHR has also been working to address the violations of non-State actors. I’m here to dispel doubts or misconceptions about the nature of CHR’s mission and dismiss apprehensions of certain overreacting personalities on the Chairperson’s capacity for impartiality or a balanced determination of the truth. Let me share therefore some of our advocacies for NSAs’ accountability. During the congressional proceedings, up to bicameral level, on the Anti Torture Bill, the CHR advocated for the inclusion of the recognition, that non-State actors must also be held accountable for acts of torture. Unfortunately, as approved and ratified, the bill espouses the majority position on the exclusion of NSAs from its coverage.
More than ten years ago, the Commission participated in the crafting of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law, or CARHRIHL, which sought to hold both the government and the National Democratic Front of the Philippines, accountable for violations of human rights and the laws and customs of war.
Just last month, the CHR called on all parties to the fighting in Basilan, to respect human rights and international humanitarian law (IHL). We have called on all parties to eliminate practices as, the use of child soldiers, the use of women and children as human shields, the taking of hostages, the carrying out of torture and cruel, inhuman and degrading treatment, the use of indiscriminate bombing, and the use of blockades, like food blockades, which cause civilians to suffer undue hardship. In particular, the CHR has issued a standing request to the Moro Islamic Liberation Front (MILF) regarding the issue of child soldiers. While there has been some progress there, it remains insufficient. And only recently, in a mission to Surigao del Sur, I together with a CHR team came face to face with former child soldiers, who allegedly fought under the NPA.
Also, during the CHR's public inquiry into the abduction, rape and murder of Ms. Rebelyn Pitao, a letter was sent to the victims' father, Mr. Leoncio Pitao, a New People's Army (NPA) commander, in order to procure more information on the allegations then being made. Unfortunately, we did not receive a response. And this, as well as the already mentioned CHR standing request to the MILF, bring me to another point.
The Commission respects the work that you do, and your effort to hold non-State actors accountable for violations, because we have clear understanding of how difficult such a mandate is. Many practical and security constraints exist in relation to non-State actors, which make investigations and fact finding much more difficult. It is a much more straightforward process to subpoena a police officer, than it is to subpoena a rebel soldier. There is a greater chance that a government official will attend a hearing, than a guerrilla leader. Even just the act of finding a rebel soldier is complicated, and the probability of bringing one in is slim, if not nil.
The work that you have done is therefore extraordinary. In the face of very real practical constraints and with issues of security always to be considered, you have helped to shed light on some of the darker chapters of recent Philippine history. Your exhumation of human remains these past several years, in places like Cebu and Zamboanga, is an impressive achievement. You have helped to bring closure to loved ones, friends and family members. And through these exhumations of human remains, you have given victims one more chance to tell the story of their ordeal.
The CHR has also recently exhumed human remains in Davao, victims who allegedly died at the hands of a death squad. Therefore, we know that discoveries such as yours can be difficult to come by. And we understand that the work involved in exhumation and identification can be painstaking. But at the same time, it is clear that families and friends have the right to know the truth regarding the fate of their loved ones, and victims must be given a voice so that killings such as these can be brought to an end. The work that you do and the exhumations that you carry out, are therefore crucial and indispensable.
One other thing that complicates your work, lies in the fact that there are those who would use the information you uncover, to deflect attention away from violations carried out by the government. Your website, specifically in a September 20, 2006 post by Mr. Garcia, had touched on this. I quote:
"[T]he problem with all this is that we have a case where the pot and the pan are both calling each other black and greasy. The AFP and the CPP-NPA hold dismal human rights records ... Do we choose between the lesser killer?
“As the polarization and antagonism between both parties continue, along with the body count, we at PATH affirm all the more our neutrality; faithful only to universal human rights ideals and partial only to truth and justice." End of quote.
Like yours, the mandate of the CHR requires the CHR to act in an independent manner. We look to carry out our investigations, in a credible manner, by acting with impartiality, neutrality, fairness, and with respect for the human rights of all parties concerned. We are concerned with violations carried out by both government and non-State actors. Our Constitutional mandate makes no distinction based on the identities of wrongdoers. And this concern with non-State actors will be further enhanced once the proposed Charter of the CHR, passes through Congress, and becomes law.
This concern by the CHR with violations on both sides also reflects the current state of international law. Common Article 3 to the four Geneva Conventions provides for certain minimum protections, during internal armed conflicts, which must be respected by "each Party to the conflict." No distinction is made between the government and rebel groups. Neither is any such distinction made in the Rome Statute of the International Criminal Court, with respect to whether a violator is with the government or a non-State actor.
This is one reason the CHR is working hard, to garner support for the ratification by the Philippines of the Rome Statute. By becoming a party to this treaty, one other mechanism is made available for helping to end impunity in our country, with respect to both State and non-State actors. We look forward to working with your organization, in order to help make the passage of this treaty a reality, in the near future.
As internal armed conflict continues to ravage our nation, as the military, the police, and civilian auxiliaries engage in combat with the forces of rebel and separatist groups, civilians are injured and killed, and atrocities take place on both sides. Such is the horror of war. You know of this. Some of you have experienced its brutality first hand. Some of you have lost loved ones to armed conflict and its aftermath. Working toward the end of armed conflict, and holding human rights violators accountable, is an endeavor that both our institutions can get behind.
In the end, we really have very little choice. A society where abuses are carried out with impunity, is one that is unfit to live in. A country where the torture and murders of the recent past are left buried, is one that we cannot, in good faith, bequeath to our children. Change must take place, and it is institutions like PATH, which advocate for accountability, truth and justice, while acting with impartiality, which will help bring about that change. And as you carry out your work, know that you have an ally and a partner in the Commission on Human Rights.