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

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2.2 <strong>Human</strong> <strong>Rights</strong> & International <strong>Human</strong>itarian Law in the Peace Process The Government of the Philippines (GPH) recognizes that respect for human rights and international humanitarian law is of crucial importance and urgent necessity in laying the ground for the pursuit of peaceful and negotiated settlement with rebel groups; thus, has entered into agreements with the National Democratic Front (NDF) of the Communist Party of the Philippines/New People’s Army (CPP-NPA). In support to the government’s efforts for the attainment of long and lasting peace, the AFPIC strictly adheres to the following agreements: Comprehensive Agreement on Respect for <strong>Human</strong> <strong>Rights</strong> and International <strong>Human</strong>itarian Law (CARHRIHL) The CARHRIHL is the first comprehensive agreement in the substantive agenda of the peace negotiations which was signed by GPH and NDF panels on March 16, 1998 in The Hague, Netherlands. The CAHRIHL seeks to confront, remedy and prevent the most serious human rights violations, as well as to uphold, protect and promote the full scope of human rights and fundamental freedoms, including: 1. The right of the victims and their families to seek justice for violations of human rights, including adequate compensation or indemnification, restitution and rehabilitation, and effective sanctions and guarantees against repetition and impunity. 2. The right to life, especially against summary executions (salvagings), involuntary disappearances, massacres and indiscriminate bombardments of communities, and the right not to be subjected to campaigns of incitement to violence against one’s person. 3. The right to liberty, particularly against unwarranted and unjustified arrest and detention and to effectively avail of the privilege of the writ of habeas corpus. 4. The right not to be subjected to physical or mental torture, solitary confinement, rape and sexual abuse, and other inhuman, cruel or degrading treatment, detention and punishment. 19
Guidebook 5.The right to substantive and procedural due process, to be presumed innocent until proven guilty, and against self-incrimination. 6. The right to privacy of communication and correspondence, especially against intercepting, pilfering and opening of mail matters and conducting illegal surveillance and information gathering through electronic and other means. 7. The right not to be subjected to forced evacuations, food and other forms of economic blockades and indiscriminate bombings, shellings, strafing, gunfire and the use of landmines. (Part III, Art 2, CARHRIHL) To ensure the compliance of both parties to the CARHRIHL, a joint committee was formed. The panel committee is composed of six members in which each Party has three representatives. The peace agreement has a monitoring committee whose primary task is to review human rights violations that are screened by both the GPH and the NDF monitoring committee and to determine whether these complaints are to be reported to the Party that the complaint is filed against. The <strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> takes part in the investigation process when cases are filed alongside the GPH monitoring committee. The committee is presided by representatives of human rights organizations that are specifically nominated by each Party. (Part V, CARHRIHL). Complaint Process in the Joint Monitoring Committee 1. Complaint is received by the Joint Secretariat 2. Forwarded to GPH and NDFP 3. Screening of complaints for each committee (GPH and NDF) 4. Joint Monitoring Committee (JMC) reviews the complaints 5. JMC shall initiate requests or recommendations for the implementation of the Agreements to the government agencies involved 6. Investigation of the complaint shall be conducted by the party (GPH or NDF) concerned 7. Concerned party shall make recommendations to the Negotiating Panel 8. Appropriate action shall be taken based on these recommendations 20
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
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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 and 18: 1.2 Universal Declaration of <stron
Page 19 and 20: Guidebook The Human</strong
Page 21 and 22: Guidebook The Philippine government
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Page 27 and 28: 2.1 Accountability in Human
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Page 35 and 36: Guidebook 4. To determine the cause
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Page 41 and 42: Guidebook The recommended actions i
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Page 47 and 48: Guidebook Mental/Psychological Tort
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