Human Rights-Based Intelligence Operations - Commission on ...

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<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Fundamental Principles of the UDHR Universality & Inalienability <strong>Rights</strong> that belong to and are entitled to all human beings by virtue of their inherent dignity and without distinction of any kind or race, color, sex, language, religion, political belief, national or social origin, property, birth or status. <strong>Human</strong> rights cannot be taken away from an individual. Indivisibility & Interdependence The respect for human rights covers all aspects of a person whether it is his civil, political, economic and cultural rights. Each category is interrelated and interdependent as the fulfillment of one’s human rights requires the fulfillment of others. Equality & Non-Discrimination All individuals are equal as human beings and by virtue of their inherent dignity. No one should be subject to discrimination on grounds such as race, color, sex, ethnicity, age, language, religion and others. Empowerment & Participation <strong>Human</strong> rights enable and empower individuals to effectively contribute to the society and simultaneously realize their maximum potential in a society in which human rights are respected. The fulfillment of human rights requires the participation and contribution of individuals in the society. Accountability & Rule of Law The State and other duty-bearers are responsible for protecting and preserving human rights. In fulfillment of this duty, the State is answerable for the observance of human rights and must comply with standards, laws and policies. 7
Guidebook The <strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Guidebook is a direct application of the inherent rights embraced in the Universal Declaration of <strong>Human</strong> <strong>Rights</strong>. Thus, in the performance of assigned tasks, intelligence personnel must be conversant with the rights that are entitled to each human being. Pertinent rights are enumerated in the following (UDHR, 1948): 1. All human beings are born free and equal in dignity and rights. 2. Everyone is entitled to rights and freedoms without distinction of any kind, such as race, color, sex, language, religion, political affiliation or opinion, national or social origin, property, birth or any other status. 3. Everyone has the right to life, liberty and security of person. 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 6. Everyone has the right to be recognized everywhere as a person before the law. 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. 8. Everyone has the right to an effective remedy by the competent national court for acts violating the fundamental rights granted him by the Constitution or by the law. 9. No one shall be subjected to arbitrary arrest, detention or exile. 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial court in the determination of his rights and obligations and of any criminal charge against him. 11. Everyone charged with a penal offense has the right to be presumed innocent until proven guilty. 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. 13. Everyone has the right to freedom of movement and residence within the borders of each state. 8
Page 1 and 2: ARMED FORCES OF THE PHILIPPINES Cam
Page 3 and 4: A C K N O W L E D G M E N T The Pro
Page 5 and 6: Human Righ
Page 7 and 8: Republic of the Philippines Departm
Page 9 and 10: Office of the Deputy Chief of Staff
Page 11 and 12: Table of Contents Chapter 3 <strong
Page 13 and 14: AFPCARES Adherence to International
Page 15 and 16: 1.1 Bill of Rights
Page 17: 1.2 Universal Declaration of <stron
Page 21 and 22: Guidebook The Philippine government
Page 23 and 24: Guidebook any kind, or to removal o
Page 25 and 26: Guidebook 2. Exercise utmost restra
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Page 29 and 30: Guidebook 2. Take Custody of Erring
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Page 33 and 34: Procedures in Apprehending or Chall
Page 35 and 36: Guidebook 4. To determine the cause
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Page 41 and 42: Guidebook The recommended actions i
Page 43 and 44: Guidebook 4. He must be informed th
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Page 47 and 48: Guidebook Mental/Psychological Tort
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