AFP facing challenge of protecting human rights in armed conflicts

3-day workshop to formulate internal peace plan
By ELENA L. ABEN
September 5, 2010, 3:19pm

Manila, Philippines – Recognizing the shortfalls and challenges of soldiers in the performance of their duties, the Armed Forces of the Philippines (AFP) said it is bent on letting the last man in the foxhole learn the basics of human rights while vowing to bring major change in the military institution with the help of all stakeholders.

The AFP held a three-day workshop to formulate an Internal Peace and Security (IPS) plan that will guide the armed forces’ future operations.

The IPS will be derived from the series of discussions done during the workshop with speakers and participants coming from different government sectors, human rights and civil society groups, and the academe.

“The participants are expected to contribute to the planning of the IPS as the new administration wants a transparent and balanced government. The activity is a tool for all the participating parties to come up with future plans and strategies for the peace and security operations of the military, all paralleled to its advocacy on human rights,” said Lt. Col. Arnulfo Burgos Jr., AFP public affairs office (PAO) chief.

Meanwhile, during Thursday’s “Multi-stakeholders’ Forum on Human Rights and Armed Conflict” organized by the EU-Philippines Justice Support Programme (EPJUST), AFP officials admitted there is a need to educate soldiers on human rights and make sure the troops put primacy in applying it in their day-to-day operations.

Speaking during the forum, Col. Onesimo Bañaga, chief of AFP Human Rights Office (HRO), said the new administration has opened a wider avenue towards better promotion and protection of human rights.

Human rights and international humanitarian law will hopefully take root into the forefront of military operations under the new Administration, he said.

Bañaga cited basic principles that the armed forces follow in adherence to human rights and international humanitarian law.

These are the following:

1. The AFP recognizes the Philippine Constitution as the legitimate expression of the people’s will and abides by the state principle that civilian authority is, at all times, supreme over the military.
2. The AFP abhors conflict as an instrument of policy, and have unwavering support for the government’s peace initiatives.
3. The AFP will not stifle principled critique from society, and will submit itself for investigation.
4. The AFP adheres to the rule of law and allows due process to rightfully work for everybody.
5. The AFP has enshrined respect for human rights in the AFP Code of Ethics.

Bañaga said the creation of the AFP HRO was a milestone in the promotion and protection of human rights in the AFP, as he noted that slowly, over the years, the promotion and protection of human rights have taken direction.

“With the Human Rights Office as a Special Staff to the Chief of Staff, AFP and advising on matters concerning human rights and international humanitarian law issues, we made progress,” he said.

Towards this end, some notable achievements were made, some of which are increased awareness and knowledge of AFP Personnel on human rights and international humanitarian law, he said.

He said that in many instances soldiers in the field are the only government representative seen by the populace and are asked to help in law enforcement functions.

This is a challenge for soldiers, he said.

“Some of our personnel may have been trained for these situations but oftentimes many of our soldiers are ill-equipped to handle them. In other instances the military is called upon to arrest people or search places and in these instances, the proper knowledge of police procedures in the conduct of search, seizure and arrest will help minimize these problems,” said Bañaga.

“The AFP believes that by improving knowledge of these laws to the different operating units in the field, human rights cases may well be minimized,” he said.

Bañaga said the correct balance on the needs of security and that of human rights is another challenge that the AFP faces.

“We must remember that in situations of emergency when life and limbs of many may be endangered, some derogation of human rights may be accorded,” he said.

“However, too much leeway can be taken advantage of by groups out to sow chaos and confusion in society while too much control may be taken advantaged of by persons with personal interests,” he said, adding: “In a lot of cases, we can draw conclusions that the dilemma lies mainly on how a person will interpret the different instruments at his disposal.”

But as the AFP works hard to address all these issues, Bañaga said the AFP is optimistic this endeavor will forge renewed trust in the Armed Forces as the true protector of the people and the state and the people’s rights.

Quoting the AFP Chief of Staff, Lt. Gen. Ricardo David, Bañaga, emphasized: “We can win this war within the bounds of law and with paramount respect for human rights. We shall be strict with violators but we will also protect those who are wrongfully accused. Let us be guided by our non-negotiable adherence to the rule of law, respect for human rights and International Humanitarian Law, and observance of the rules of engagement and the use of force.”