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THE AFP IN A DEMOCRACY: PROTECTING HUMAN RIGHTS

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.

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THE AFP IN A DEMOCRACY: PROTECTING HUMAN RIGHTS

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  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 YOUR ARMED FORCES IS STEADFAST IN ITS DUTY TO HELP ENSURE THAT THE PHILIPPINES PROGRESSES INTO A PROSPEROUS DEMOCRACY NEVER HAD AND NEVER WILL HAVE A POLICY OF TARGETING CIVILIANS

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

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

  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. The AFP in a Democracy: Protecting Human Rights • 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

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

  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 KARAPATAN’s 836 Incidents Under Investigation- 4 Filed- 6 SOURCES: Karapatan (http://stopthekillings.org) AFP Human Rights Office

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

  13. The AFP in a Democracy: Protecting Human Rights • POLITICAL WARFARE BY THE CPP-NPA-NDF • Objectives: • Discredit Government • Undermine the AFP through Asymmetric Warfare • Gain Support from the Populace

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

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

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

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

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

  19. The AFP in a Democracy: Protecting Human Rights CPP UNDERGROUND ORGANIZATIONS

  20. The AFP in a Democracy: Protecting Human Rights • POLITICAL WARFARE BY THE CPP-NPA-NDF 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 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. THE AFP DOES NOT STIFLE PRINCIPLED CRITIQUE FROM SECTORS OF SOCIETY.

  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 FORMER CPP/NPA/NDF GOVERNMENT OFFICIALS COLD-BLOODED MURDERS DISGUISED AS “REVOLUTIONARY JUSTICE” RETIRED AFP/PNP 5.6% 8.3% 6.3% ACTIVE AFP/PNP 48.7% CIVILIANS 31% Total NPA Liquidations: 1,312 SOURCE: AFP Statistics

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

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

  27. The AFP in a Democracy: Protecting Human Rights “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…”

  28. The AFP in a Democracy: Protecting Human Rights • 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

  29. The AFP in a Democracy: Protecting Human Rights • POLITICAL WARFARE BY THE CPP-NPA-NDF • “Kampanyang Ahos” • Killed 900 cadres in Mindanao • Admitted by the CPP after • several years

  30. The AFP in a Democracy: Protecting Human Rights YOUR ARMED FORCES CONTINUES ITS EFFORTS TO ENSURE THE ISSUE OF KILLINGS IS RESOLVED IS STEADFAST IN RESPECTING EVERY CITIZEN’S RIGHT TO LIFE

  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 • 7Soldiers 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. The AFP in a Democracy: Protecting Human Rights • 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

  37. The AFP in a Democracy: Protecting Human Rights • 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

  38. The AFP in a Democracy: Protecting Human Rights • 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 “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”

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

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

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

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

  43. The AFP in a Democracy: Protecting Human Rights • 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 ANCHORED ON FOLLOWING DUE PROCESS AND RESPECTING THE RULE OF LAW

  44. 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

  45. 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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