Regardless of what you
are thinking and what is instilled in your thoughts about me, allow me
to take my part as your invited guest speaker and guest of honor.
First on the issue of
human rights. I know you have taken a course on this matter in your
training and upon enlistment. But I am not sure if this concept of
human rights goes down in your thoughts or just goes down to the
drain. I am saying this because your spokesperson seems not to
understand. Human rights is not just a concept, this is a hard-earned
victory of the people of the world. Human rights came into being when
the people started to assert and victoriously assert their rights
against the powerful hand and machinery of the State.
Being an agent of the
State, sad to say, you are viewed differently from a civilian. The
civilian populace is guaranteed with rights and protection which he
can set up against the State in order to advance and promote these
rights. These guarantees are guaranteed by law to civilians and the
reason why there exist the Police and the Military.
When you are
conducting military operations, you are not allowed to stay within the
Barangay, use the Barangay Hall or
Day Care Center
as your temporary shelter. This is not allowed under the Comprehensive
Agreement for the Respect of Human Rights and International
Humanitarian Law (CARHRIHL). Under the same Law, which by the way was
signed and agreed upon by the Government of the Republic of the
Philippines (GRP) and the National Democratic Front of the Philippines
(NDFP) as part of the peace talks, it is reiterated that the civilian
populace must be respected and protected at all times. Even if this
Agreement exists, so as the International Human Rights standards, our
Constitution, and other laws of the Philippines, it is utterly
disappointing that we (our Office) are receiving more and more
complaints against you from the people specially those in the
hinterlands. Cases of extrajudicial killings, enforced disappearance,
forcible evacuations because of massive militarization, bombing,
hamletting, illegal arrests and detentions, mauling and torture,
harassments and interrogations, destruction and divestment of
properties, to name a few. You don’t seem to respect the people whom
you are duty-bound to protect and defend. To make things worse,
instead of admitting your mistakes and taking actions for reparation
and indemnification, you tend to cover up your mistakes by concocting
stories and fabricating lies in order to give a simulation of legality
or legitimacy of your unforgiveable actions. Let me cite a few
example, to wit: (1) the Palo Massacre; long have you been misleading
the people that it was a legitimate encounter. All of us know, just
like looking on crystal-clear water, it was a glaring massacre of
farmers including a seven month pregnant woman, (2) the Villaba
Massacre; you still perpetrated the same lies by tagging it as an
encounter but the facts remained untainted that it was a massacre
killing a couple with their 11-year old son, (3) the triple killing in
Pinanag-an, Maydolong, Eastern Samar; you alleged that those three
were member of the New People’s Army vilifying our Alliance’s claim
that those were farmers. These three (3) were claimed by the Municipal
Mayor backed up by their families. If they were really combatants, do
you think the Mayor will be going to the Commission on Human Rights
and accompanying the families to lodge a case if they were indeed
combatants?, and (4) the killing of Nonito Labong; he was the former
SK Chairperson of Barangay Bay-ang, San Jorge, Samar who was
mercilessly peppered with bullet and his remains was burned. You
readily claimed that he was a member of the New People’s Army to
legitimize his brutal murder. And the list goes on… These cases were
glaring indication that you are not observing the existing protocols
on human rights and you are not respecting the primary and basic human
right of the people: the Right to Life.
Second, on the issue
of always challenging our
Alliance
to conduct an investigation on cases which you allege committed by the
New People’s Army. Let me set it straight, we are working within the
bounds of existing laws, the International Human Rights Standard (the
International Convention on Civil and Political Rights and the
International Convention on Socio-Economic and Cultural Rights), the
CARHRIHL, and the Philippine Constitution. We are a Human Rights
Watchdog. Our mandate emanates from these and as such, we are
investigating cases of human rights abuses committed only by agents of
the state. In case you don’t know how is this so, let me give you a
short history. Human rights advocacy and human rights struggle came
into being because of the fact that it is established that the State,
with all its component and machineries ready at its disposal,
possesses an iron-clad fist when not monitored can be used against the
people who have nothing compared to the powers of the State. This is
the reason why all Constitution of all countries has the so-called
Bill of Rights in order to regulate the powers of the State when it
comes to dealing with the people, the civilian populace. You and your
actions, being agents of the State, are always monitored by Human
Rights Watchdogs and the Commission on Human Rights. All eyes are on
you especially in the discharge of your duties.
You have this attitude
of presenting a case of human rights violation allegedly committed by
the New People’s Army and yet not extend any effort to formally
endorse the same except through malicious pronouncements over the
radio and the media. You condemn us first without giving us the
benefit to know the facts or turning over to us the victims and their
families. You must know the fact that we investigate a case when
referred to us by the victim or family of the victim. We don’t have
the superhuman instinct of knowing all cases committed in any part of
the Region unless it is referred by our provincial counterparts and
the victims themselves.
Third, in condemning
killings of members of the Armed Forces. Since time immemorial you
have been condemning us, the Alliance, of not condemning the killings
of your comrades in arms made by the New People’s Army. I cannot
however fathom the logic of this. If you know the Rules and the Laws,
I bet you will not be dwelling on this line of questioning. This is
highly ignorant of you, I tell you. This would tantamount to
condemning killings made in a legitimate encounter. We don’t do that
kind of advocacy. I know and you equally know for a fact that upon
swearing in as a member of the Armed Forces you know the risks to your
life because there is a war and that you have a definite enemy that is
equally armed: you know that your life and security is on the line. In
International Humanitarian Law, a member of any armed group actively
participating in an armed conflict is considered as an active and
legitimate target of their armed counterpart. This is the Law of War
and this is not within our mandate. The degree of assertion of human
rights on your part is not as broad as those of a civilian. Even in
cases of a hor’s de combat on your part is not within our mandate to
investigate. We have different agencies and institutions which are
mandated to investigate: we have the courts, the Joint Monitoring
Committee, and the Commission on Human Rights. If you will be pushing
us further to investigate cases of human rights abuses allegedly
perpetrated by the New People’s Army, it is as good as you saying that
the Communist Party of the Philippines have a status of belligerency
and that they are also existing as a separate state separate and
distinct to the Government of the Republic of the Philippines. Even
if this is the case, on your part, we still cannot do your “challenged
investigation” because of the fact that we are operating under the
context of the Philippine Government because this is the duly
constituted authority, unless this is not the case today.
Lastly, let me remind
you that human rights is an inherent right which emanates not from a
grant by any State but emanates from the fact that we are human
beings. Said rights can only be limited with due process of law. They
cannot be denied arbitrarily.
All this brouhaha is
all part of Oplan Bantay Laya II which you religiously obey from
orders of your higher-ups. This propaganda is all made in order to
malign and discredit our Alliance. You continued your futile attempt
to discredit our documentation of human rights abuses which directly
points to you as the number one violator of the basic and sacred human
rights of the people. Sad to say, you are not winning but rather
putting yourself in constant scrutiny. A mistake can never be cured by
web-like mistakes.
As a parting message,
I would like to remind you once again that the people can never be
silenced by the use of violence and force. For as long as the basic
needs of the people, genuine agrarian reform and national
industrialization are not realized, the struggle continues. And even
if you are able to kill, silence, and neutralize hundreds of people
still million more will rise to continue the struggle.
You are a part of this
struggle for genuine liberation and democracy. Be aware of the real
reasons and serve your real masters: the people.
For Human Rights in the Region,
Atty. Kathrina R. Castillo
Head, Legal Services Committee
09272776270
