THE AFP IN A DEMOCRACY: PROTECTING HUMAN RIGHTS

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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 on Extrajudicial
  Killings and Enforced Disappearances- Searching
  for Solutions
• July 16, 2007

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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

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The AFP in a Democracy Protecting Human Rights

• AFPS MANDATE

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

• AFPS ROLES

ESTABLISH A PHYSICALLY AND PSYCHOLOGICALLY SECURE
ENVIRONMENT CONDUCIVE TO NATIONAL DEVELOPMENT
PREVENT ARMED GROUPS FROM USING FORCE AGAINST THE
PEOPLE
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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
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The AFP in a Democracy Protecting Human Rights
IRONICALLY, COMMUNISTS AND THEIR SUPPORTERS
HAVE ACCUSED THE GOVERNMENT AS PERPETRATORS OF
KILLINGS
FAULT-FINDERSADVANCE THEIR OWN AGENDA AND
OBSTRUCT VICTIMS SEEKING RECOURSE THROUGH THE
LEGAL PROCESSES
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The AFP in a Democracy Protecting Human Rights
THE MELO COMMISSION FOUND AS DEPLORABLE THE
REFUSAL OF ACCUSERS TO COOPERATE IN INVESTIGATIONS
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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 CPPS SYSTEMATIC
• CAMPAIGN OF TERROR

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The AFP in a Democracy Protecting Human Rights

• EXCLUDED CASES (500)
• INCLUDE
• 23 Abu Sayyaf Terrorists
• 17 Fictitious victims
• 5 Alive persons

KARAPATANs 836 Incidents
VALID CASES (TF USIG)
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26
59
EXCLUDED CASES
FOR VERIFICATION
SOURCE PNP Task Force Usig (www.pnp.gov.ph)
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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
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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

KARAPATANs 836 Incidents
Under Investigation- 4
Filed- 6
SOURCES Karapatan (http//stopthekillings.org)
AFP Human Rights Office
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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?
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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

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The AFP in a Democracy Protecting Human Rights

• POLITICAL WARFARE BY THE CPP-NPA-NDF

ARMED WARFARE AS THE CPP-NPA-NDFS PRINCIPAL
FORM OF STRUGGLE
COMPLEMENTED BY LEGAL AND PARLIAMENTARY
EFFORTS
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The AFP in a Democracy Protecting Human Rights

• CPPs Three Fighting Tasks

Further Strengthen the Revolutionary Party of the
Proletariat
SOURCE Philippine Revolution Web Central,
www.philippinerevolution.net
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The AFP in a Democracy Protecting Human Rights

• CPPs Three Fighting Tasks

Expand and Intensify the Armed Revolution
SOURCE Philippine Revolution Web Central,
www.philippinerevolution.net
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The AFP in a Democracy Protecting Human Rights

• CPPs Three Fighting Tasks

Mobilize the People through the United Front
SOURCE Philippine Revolution Web Central,
www.philippinerevolution.net
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The AFP in a Democracy Protecting Human Rights
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The AFP in a Democracy Protecting Human Rights
CPP UNDERGROUND ORGANIZATIONS
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The AFP in a Democracy Protecting Human Rights
POLITICAL WARFARE BY THE CPP-NPA-NDF
CPP-NPA-NDFS CURRENT PROPAGANDA BLITZ FIT INTO
EFFORTS TO DEMONIZE THE AFP
TARGETING THE AFP WHICH IS THE GREATEST
HINDRANCE TO THE CPPS GOAL
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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.
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The AFP in a Democracy Protecting Human Rights
THE AFP DETERMINES ORGANIZATIONS AS CPP FRONTS
BASED ON FACTS
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The AFP in a Democracy Protecting Human Rights
CPP UNITED FRONT FOR ARMED REVOLUTION
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The AFP in a Democracy Protecting Human Rights

• POLITICAL WARFARE BY THE CPP-NPA-NDF

FORMER CPP/NPA/NDF
GOVERNMENT OFFICIALS
RETIRED AFP/PNP
COLD-BLOODED MURDERS DISGUISED AS REVOLUTIONARY
JUSTICE
5.6
8.3
6.3
ACTIVE AFP/PNP
48.7
CIVILIANS
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Total NPA Liquidations 1,312
SOURCE AFP Statistics
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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
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The AFP in a Democracy Protecting Human Rights
OPLAN BUSHFIRE
issued by the CPP Central Committee on 7 April
2006
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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
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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

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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

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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 CITIZENS RIGHT
TO LIFE
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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

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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

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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

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The AFP in a Democracy Protecting Human Rights

• BEYOND THE TOLL IN LIVES ARE THE
• ORPHANED CHILDREN AND WIDOWS

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

• AFPS 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

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The AFP in a Democracy Protecting Human Rights

• AFPS COMMITMENT TO HUMAN RIGHTS

ABUSES BY MILITARY PERSONNEL ARE ADDRESSED BY
THE MILITARY JUSTICE SYSTEM
THE AFP DOES NOT CONDONE ABUSES MADE BY ITS
OFFICERS AND PERSONNEL.
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The AFP in a Democracy Protecting Human Rights

• AFPS 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

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The AFP in a Democracy Protecting Human Rights

• AFPS 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
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The AFP in a Democracy Protecting Human Rights

• AFPS 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
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The AFP in a Democracy Protecting Human Rights

• AFPS 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.
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The AFP in a Democracy Protecting Human Rights

• AFPS COMMITMENT TO HUMAN RIGHTS
• ARTICLE OF WAR 75

REQUIRES COMMANDING OFFICERS TO DELIVER AFP
PERSONNEL TO CIVIL AUTHORITIES OR AID IN
APPREHENDING AND SECURING THE ACCUSED PERSONNEL
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The AFP in a Democracy Protecting Human Rights

• AFPS COMMITMENT TO HUMAN RIGHTS

THE AFP WILL FULLY COOPERATE WITH FACT-FINDING
BODIES CREATED BY PROPER AUTHORITIES
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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
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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
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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 on Extrajudicial
  Killings and Enforced Disappearances
• July 16, 2007