 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
|||
 |
||||||||||
 |
 |
 |
||||||||
Imperial Palace Suites, Quezon City, Philippines,
28 January 2009
delivered by
LEILA M. DE LIMA
Chairperson
Good day to everyone.
The purpose and goal of this Summit , which is to create national umbrella organization for the Ulama, is viewed with as much eagerness by the Commission on Human Rights as it is by all of you, the various representatives from the Islamic community. Empowerment is an essential step in the advancement of the interests of the Muslim communities in the country. From a human rights standpoint, there can be no greater driving force behind the promotion and protection of human rights of the Bangsamoro people than an organized and unified movement that consolidates the aspirations of all Filipino Muslims.
With the empowerment to propel forward the goals of the Bangsamoro people comes an equally important obligation – the obligation for the Islamic community to make its firm contribution to human rights. It needs scarce explanation that human rights belongs to everyone, whether Christian, Muslim, man, woman and child. Human rights places no divide between human beings.
The promotion and protection of human rights of the Bangsamoro people, thus, must be viewed not in a vacuum, insulating the interests of Muslims, but in a vast web of protection that includes all peoples. This cannot be stated in any other manner and it must be underscored – the empowerment of the Muslim community must be directed not so much as to a method of protecting Muslims only, but as an empowerment that allows the Muslim community to protect all Filipinos. To empower yourselves creates not only a responsibility to your people, but an extremely onerous and burdensome obligation for this proposed umbrella organization to promote human rights for everyone.
In December last year, the whole world marked the 60 th Anniversary of the Universal Declaration of Human Rights. The specific theme for last year’s commemoration was “Dignity and Justice for all.” The lasting theme of the UDHR is that all human rights are for all. It is indivisible, it is inviolable and it is irrevocable. Thus, to speak of protecting human rights in the Muslim community is, essentially, a discourse on protecting human rights for everyone.
As no person is an island, no country is removed from its international neighbors, no nation or race is insulated from other nations or races, we come to grips with the reality that no Muslim community is clearly separable from non-Muslim communities. And here is no Bangsamoro nation that is insulated from the Filipino nation. The irony of organizing a unified Muslim community, in the context of human rights, is that its purpose cannot be inward, geared only to the interests of Muslims. To organize yourselves in a human rights perspective means that the organization of ulamas must be oriented outwards, couched in terms of what the Muslim community can do for the larger community that it is part of.
To some extremists, ultra-nationalists, this is very disagreeable. Yet, there is no other way to read the universality of human rights. We cannot verse the protection of human rights of Muslims as an intermediate, pre-conditional step before we speak of protecting human rights of non-Muslims. To organize the Muslim community, with the aim of protecting human rights, must be a step to protecting all human rights for all persons.
The lasting impression on me, when reading the various reports on the recent armed conflict in Mindanao , is that most parties submit terribly lopsided, self-serving reports and evaluations of the conflict. The armed forces had justified their own violations by blaming the MILF command. An NGO shared its own report with the Commission and placed heavy blame on the government, specifically the AFP, with no mention at all about any wrongdoing or atrocities committed by the rouge elements of the MILF. What no one will admit is that the maneuvers of both sides of the conflict set the stage for civilians to be caught in the crossfire, resulting in the killing and maiming of non-combatants. This self-absolution by both the government, particularly the AFP, and the MILF or sectors sympathetic to it is, at the very least, lamentable. I reserve no apologies and I fully intend to hit hard on this point.
In this era of renewed affirmation of human rights, the concept of collateral damage is unacceptable. There is absolutely no justification, in law or in morals, that can allow the deliberate or even indeliberate endangerment of civilian lives and property – not the integrity of national territory, not the aspiration for an independent Bangsamoro nation, nothing. We are so far forward from the atrocities of the world wars and yet, all over the world we continue with this horrific practice of conceding to civilian casualties. We gasp at the horror of a thousand civilians killed in Gaza during the latest incursions of Israel into Muslim territory. Had we gasped at the horror of rockets fired indiscriminately by Hammas into Israeli suburbs, home to civilians? We gasp at the horror of OV-10 attack planes launching at civilians in the river at Barangay Tee in Datu Piang, Maguindanao. Did we gasp at the horror of MILF forces massing outside cities and municipalities yet to be deserted by civilians? Did we gasp when the inevitable gunfire ensued and civilians were indeed killed and structures burned?
There can be no double standard in human rights. There can be no double standard in the killing of non-combatants. There can be no grief only for Muslim civilians killed, if there is none for Christian civilians killed. Likewise, there can be no grief for Christians if there is none for Muslims.
The common provisions of the Geneva Conventions place stern parameters on the involvement of civilians in armed conflict. The safety of civilians is paramount to any military objective. While States are primarily responsible for the safety of civilians, as is the case in the recent hostilities in Mindanao , non-state armed groups such as the MILF are equally responsible. It cannot be construed that an armed group such as the MILF, which seeks secession from the national government with the aim of establishing its own government, should not be obliged to follow the same provisions of the Geneva Conventions. Simply stated, if we can demand from the military to take measures to ensure that civilians are not caught in the crossfire, the same demand can be made of the MILF.
Much has been said of the CAFGUs and CVOs (or the Civilian Volunteer Organizations) that had engaged the MILF. It remains the unwavering position of the Commission that civilians are not to be placed in harm’s way, and this naturally places much doubt on the legality or propriety of CAFGUs and CVOs. When these groups are in combat with the MILF, they become lawful targets. Then it is incumbent upon them and the MILF to ensure that there are no non-combatants that will be caught in the crossfire. Yet, the reports are numerous that civilians had been killed and injured in encounters involving the CVOs and the MILF.
At day's end, what remains clear is that many sides are responsible for the death and injury caused to civilians. To protect human rights in regions engulfed in armed conflict, government, CAFGUs, CVOs, MILF, Muslims and Christians alike, have to uphold the same standards of human rights protection. And the responsibility must be equally obligatory to all. There can be no self-absolution, no inward self-protection. The creation of an umbrella organization for the Ulama must be the stage for a Muslim community that leads the way in human rights protection for everyone. For human rights is indeed for everyone.
The outward perspective on an organized Muslim community changes the expectations on how the Bangsamoro people can now negotiate the peace process with the national government. As the Commission had repeatedly stated, the contents of the MOA-AD, and any succeeding form it may take, must be made available to the entire Filipino people. While essentially, it must be a definition of the Muslim ancestral domain, it must be a domain that is created to promote a more harmonious political and social structure in Mindanao , for the benefit of Muslims and Christians alike. The failure of the past MOA-AD should have never been viewed as an affront to Muslims only, thereby justifying the armed response of the MILF. Its failure, by reason of suspension, and ultimately, rejection by the Supreme Court, is rooted in utter violation of the communitarian value of public will. And public includes non-Muslims as well. It must be stated again – from a human rights standpoint, the creation of the Muslim ancestral domain is for the promotion of a more harmonious political and social structure in Mindanao , for the benefit of Muslims and Christians alike.
The question before us now, is whether the representatives of the entire Muslim community is ready to embark on a tenure of leadership and change that is ambitiously larger than the Muslim community itself. Are the values of Islam, as enshrined in the Koran, larger and more far-reaching than Islam itself? Are these values as sweeping and broadly applicable as the principles of human rights? Is Islam as universal and truthful as human rights?
If the answer is yes, and I truly believe so, then in every endeavor to protect the rights and interests of our brethren Muslims, may all of you as one unified organization, be the guiding light, the impenetrable shield that brings protection to all Filipinos.
Before I end, may I briefly share with you the human rights issues confronting Muslim Mindanao in the perspective of the Commission on Human Rights.
The major issues are: internal displacement and concominant human rights abuses or violations; discrimination; gender equality; recruitment of child soldiers; ESC rights, as the rights to adequate food, adequate shelter, education, health care and so on, and corruption. Corruption breeds grave human rights violations; it is in itself a serious human rights violation, as I advocated in the 1 st Integrity and Human Rights Conference held recently.
And, of course, the occasional abduction or kidnapping of civilians and now, even humanitarian workers. I quote from a Statement recently issued by the CHR:
“ The Commission denounces the abduction of people devoting their lives to helping others and the fact that they are targeted is deplorable. Humanitarian Aid Workers have special status as they are protected by international humanitarian law. They must be protected at all times.
“This incident of abduction is thus very serious. Apart from being violative of domestic law and the right to liberty and security of persons, the abduction is an affront to neutral parties that give assistance to people regardless of political, religious or cultural affiliation.
“ICRC has nothing to do with any political or security agenda. Let us allow them to continue their work in our country.
“The Universal Declaration of Human Rights (UDHR) specifies that all persons have responsibilities to respect, protect and promote each other’s human rights. Even non-state actors such as the MILF, NDF-CPP-NPA and the Abu Sayyaf carry this obligation. This abduction is a travesty especially so soon after the UDHR 60 th Anniversary last December highlighted human rights clearly. ”
How can your sector/organization be of assistance in the CHR’s fulfillment of its mandate? We need your views and insights as there are lots of areas for possible collaboration with CHR. We have a focal person/team who addresses human rights issues involving Muslims. Through our regional offices, CHR investigates human rights violations involving civil and political rights. We also do investigative monitoring of situations or issues which have a bearing on the economic, social and cultural rights of our people.
Your organization of learned Islam preachers and advocates can truly be a driving force in Muslim Mindanao’s quest for lasting peace and respect for human rights.
Thank you and good day once again. Mabuhay kayong lahat.