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THE AFP IN A DEMOCRACY: PROTECTING HUMAN RIGHTS General Hermogenes C Esperon Jr Chief of Staff Armed Forces of the Philippines National Consultative Summit.

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Presentation on theme: "THE AFP IN A DEMOCRACY: PROTECTING HUMAN RIGHTS General Hermogenes C Esperon Jr Chief of Staff Armed Forces of the Philippines National Consultative Summit."— Presentation transcript:

1 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

2 The AFP in a Democracy: Protecting Human Rights NEVER HAD AND NEVER WILL HAVE A POLICY OF TARGETING CIVILIANS IS STEADFAST IN ITS DUTY TO HELP ENSURE THAT THE PHILIPPINES PROGRESSES INTO A PROSPEROUS DEMOCRACY YOUR ARMED FORCES

3 AFP’S MANDATE The AFP in a Democracy: Protecting Human Rights PROTECT THE PEOPLE, SECURE THE SOVEREIGNTY OF THE STATE AND THE INTEGRITY OF THE NATIONAL TERRITORY

4 AFP’S ROLES The AFP in a Democracy: Protecting Human Rights ESTABLISH A PHYSICALLY AND PSYCHOLOGICALLY SECURE ENVIRONMENT CONDUCIVE TO NATIONAL DEVELOPMENT PREVENT ARMED GROUPS FROM USING FORCE AGAINST THE PEOPLE

5 The AFP in a Democracy: Protecting Human Rights THE CPP-NPA-NDF IS THE PRIMARY NATIONAL SECURITY THREAT DECEPTIVE PARLIAMENTARY MEANS CPP-NPA-NDF METHODS USE OF FORCE AGAINST NON-COMBATANTS

6 The AFP in a Democracy: Protecting Human Rights IRONICALLY, COMMUNISTS AND THEIR SUPPORTERS HAVE ACCUSED THE GOVERNMENT AS PERPETRATORS OF KILLINGS “FAULT-FINDERS”ADVANCE THEIR OWN AGENDA AND OBSTRUCT VICTIMS SEEKING RECOURSE THROUGH THE LEGAL PROCESSES

7 The AFP in a Democracy: Protecting Human Rights THE MELO COMMISSION FOUND AS DEPLORABLE THE REFUSAL OF ACCUSERS TO COOPERATE IN INVESTIGATIONS

8 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

9 EXCLUDED CASES (500) INCLUDE: 23 Abu Sayyaf Terrorists 17 Fictitious victims 5 Alive persons The AFP in a Democracy: Protecting Human Rights SOURCE: PNP Task Force Usig (www.pnp.gov.ph) VALID CASES (TF USIG) EXCLUDED CASES FOR VERIFICATION 59% 26% 15% KARAPATAN’s 836 Incidents

10 The AFP in a Democracy: Protecting Human Rights 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

11 The AFP in a Democracy: Protecting Human Rights Of the 836 incidents by KARAPATAN only 10 had evidence 6 Cases filed in Court Personnel charged: 13 AFP, 1 CAFGU 2 Cases Dismissed SOURCES: Karapatan (http://stopthekillings.org) AFP Human Rights Office Under Investigation- 4Filed- 6 KARAPATAN’s 836 Incidents

12 The AFP in a Democracy: Protecting Human Rights WHY ARE THE 826 OTHER INCIDENTS NOT FILED IN COURT? IF KARAPATAN BELIEVES IN THE JUDICIAL PROCESS AND THE RULE OF LAW WE URGE THEM TO FILE CASES IN COURTS

13 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

14 POLITICAL WARFARE BY THE CPP-NPA-NDF The AFP in a Democracy: Protecting Human Rights ARMED WARFARE AS THE CPP-NPA-NDF’S PRINCIPAL FORM OF STRUGGLE COMPLEMENTED BY “LEGAL” AND “PARLIAMENTARY” EFFORTS

15 CPP’s Three Fighting Tasks The AFP in a Democracy: Protecting Human Rights SOURCE: Philippine Revolution Web Central, www.philippinerevolution.net Further Strengthen the Revolutionary Party of the Proletariat

16 CPP’s Three Fighting Tasks The AFP in a Democracy: Protecting Human Rights SOURCE: Philippine Revolution Web Central, www.philippinerevolution.net Expand and Intensify the Armed Revolution

17 CPP’s Three Fighting Tasks The AFP in a Democracy: Protecting Human Rights SOURCE: Philippine Revolution Web Central, www.philippinerevolution.net Mobilize the People through the United Front

18 The AFP in a Democracy: Protecting Human Rights ORGANIZATIONAL STRUCTURE OF THE CPP-NPA-NDF FUNCTIONAL COMMISSIONS TERRITORIAL COMMITTEES MMCRPC METRO MANILA COMMUNIST REGIONAL PARTY COMMITTEE

19 The AFP in a Democracy: Protecting Human Rights UNDERGROUND ORGANIZATIONTARGET 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) Christians for National Liberation (CNL) Makabayang Samahang Pangkalusugan (MSP) Lupon ng Manananggol para sa Bayan (LUMABAN) Artista at Manunulat ng Sambayanan (ARMAS) Liga ng Agham para sa Bayan (LAB) Cordillera People's Democratic Front (CPDF) Moro Resistance and Liberation Organization (MRLO) Revolutionary Organization of Lumads (ROL) CPP UNDERGROUND ORGANIZATIONS GOVERNMENT EMPLOYEES RELIGIOUS SECTOR HEALTH LAWYERS ARTISTS AND WRITERS SCIENTISTS INDIGENOUS GROUPS (CORDILLERA) MORO GROUPS INDIGENOUS GROUPS

20 POLITICAL WARFARE BY THE CPP-NPA-NDF The AFP in a Democracy: Protecting Human Rights CPP-NPA-NDF’S CURRENT PROPAGANDA BLITZ FIT INTO EFFORTS TO DEMONIZE THE AFP TARGETING THE AFP WHICH IS THE GREATEST HINDRANCE TO THE CPP’S GOAL

21 The AFP in a Democracy: Protecting Human Rights THE AFP DOES NOT STIFLE PRINCIPLED CRITIQUE FROM SECTORS OF SOCIETY. THE CPP-NPA-NDF UNDERMINES DEMOCRACY BY NOT RENOUNCING THEIR ARMED STRUGGLE. BANTAY LAYA 2 DOES NOT TARGET CIVILIANS “ENEMIES OF THE STATE” ARE THOSE WHO SUBSCRIBE TO VIOLENCE AND VIOLATE STATE SOVEREIGNTY.

22 The AFP in a Democracy: Protecting Human Rights THE AFP DETERMINES ORGANIZATIONS AS CPP FRONTS BASED ON FACTS

23 The AFP in a Democracy: Protecting Human Rights CPP UNITED FRONT FOR ARMED REVOLUTION

24 The AFP in a Democracy: Protecting Human Rights POLITICAL WARFARE BY THE CPP-NPA-NDF Total NPA Liquidations: 1,312 SOURCE: AFP Statistics 48.7% 6.3% 8.3% 5.6% 31% CIVILIANS ACTIVE AFP/PNP RETIRED AFP/PNP GOVERNMENT OFFICIALS FORMER CPP/NPA/NDF COLD-BLOODED MURDERS DISGUISED AS “REVOLUTIONARY JUSTICE”

25 The AFP in a Democracy: Protecting Human Rights CONRADO BALWEG NPA Commander, Cordillera POPOY LAGMAN MRRC Secretary CC Member ROMULO KINTANAR NPA Chief CC Member SOTERO LLAMAS BRPC Secretaqry CC Member CPP/NPA leaders denounced and killed as “traitors” ARTURO TABARA Viscom Secretary CC Member DEC 1999 FEB 2001JAN 2003SEP 2004MAY 2006

26 issued by the CPP Central Committee on 7 April 2006 26 The AFP in a Democracy: Protecting Human Rights “ OPLAN BUSHFIRE ”

27 “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

28 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

29 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

30 CONTINUES ITS EFFORTS TO ENSURE THE ISSUE OF KILLINGS IS RESOLVED IS STEADFAST IN RESPECTING EVERY CITIZEN’S RIGHT TO LIFE YOUR ARMED FORCES

31 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

32 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

33 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

34 The AFP in a Democracy: Protecting Human Rights BEYOND THE TOLL IN LIVES ARE THE ORPHANED CHILDREN AND WIDOWS

35 The AFP in a Democracy: Protecting Human Rights HOW MANY MORE LIVES ARE WE WILLING TO LOSE BEFORE WE TAKE ACTION?

36 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

37 ABUSES BY MILITARY PERSONNEL ARE ADDRESSED BY THE MILITARY JUSTICE SYSTEM AFP’S COMMITMENT TO HUMAN RIGHTS The AFP in a Democracy: Protecting Human Rights THE AFP DOES NOT CONDONE ABUSES MADE BY ITS OFFICERS AND PERSONNEL.

38 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

39 AFP’S COMMITMENT TO HUMAN RIGHTS Command Responsibility Commanders are tasked to: Take into custody erring personnel Arrest and confine offenders Determine the administrative liabilities of personnel Commanders are required to deliver AFP personnel to civilian authorities The AFP in a Democracy: Protecting Human Rights “Accountability or responsibility of the commander of a Military Force or Unit for the acts of his men, inclusive of the authority to order, to direct, to prevent or control the acts of his men”

40 THE AFP MAY CONVENE A GENERAL COURT MARTIAL TO INVESTIGATE AFP PERSONNEL INVOLVED IN THE KILLINGS AFP’S COMMITMENT TO HUMAN RIGHTS The AFP in a Democracy: Protecting Human Rights THE AFP DOES NOT CONDONE ABUSES MADE BY ITS OFFICERS AND PERSONNEL.

41 AFP’S COMMITMENT TO HUMAN RIGHTS REPUBLIC ACT 7055 The AFP in a Democracy: Protecting Human Rights SINCE 1991, AFP PERSONNEL CHARGED WITH CRIMINAL OFFENSES UNDER THE REVISED PENAL CODE ARE TRIED IN CIVILIAN COURTS.

42 AFP’S COMMITMENT TO HUMAN RIGHTS ARTICLE OF WAR 75 The AFP in a Democracy: Protecting Human Rights REQUIRES COMMANDING OFFICERS TO DELIVER AFP PERSONNEL TO CIVIL AUTHORITIES OR AID IN APPREHENDING AND SECURING THE ACCUSED PERSONNEL

43 AFP’S COMMITMENT TO HUMAN RIGHTS The AFP in a Democracy: Protecting Human Rights THE AFP WILL FULLY COOPERATE WITH FACT-FINDING BODIES CREATED BY PROPER AUTHORITIES

44 RECOMMENDATIONS Aggrieved parties should file cases in court Cause-oriented groups should help victims seek recourse through the justice system instead of blaming the AFP The AFP in a Democracy: Protecting Human Rights ANCHORED ON FOLLOWING DUE PROCESS AND RESPECTING THE RULE OF LAW

45 The AFP in a Democracy: Protecting Human Rights LET THE JUDICIAL SYSTEM TAKE ITS PROPER COURSE LEST WE FORGET, EVERY PERSON HAS A RIGHT TO DUE PROCESS THE ACCUSED, EVEN A SOLDIER, IS PRESUMED INNOCENT UNTIL PROVEN GUILTY

46 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


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