Sulong CARHRIHL Karapatang Pangtao tungo sa Kalinaw

1
Who is a Terrorist? Why the Peace Process between
Philippine Government and Communists Failed after
9/11 Serafin A. Arviola Jr.
2
Time Waits For No One!

• To realize
• The value of a sister
• Ask someone who doesnt have one.
• To realize
• The value of ten years
• Ask newly divorced couple.
• To realize
• The value of four years
• Ask graduate.

3
Time Waits For No One!

• To realize
• The value of one year
• Ask a student who failed a final exam.
• To realize
• The value of nine months
• Ask a mother who gave birth to a still born.
• To realize
• The value of one month
• Ask a mother who has given birth to premature
  baby.

4
Time Waits For No One!

• To realize
• The value of one week
• Ask an editor of a weekly newspaper.
• To realize
• The value of one hour
• Ask the lovers who are waiting to meet.
• To realize
• The value of one minute
• Ask person who has missed the train, bus or
  plane.

5
Time Waits For No One!

• To realize
• The value of one-second
• Ask a person who survived the accident.
• To realize
• The value of one millisecond
• Ask the person who has won a silver medal in
  the Olympics
• Time waits for no one.
• Treasure every moment you have.
• You will treasure it even more when you can share
  it with someone special.

6
Time Waits For No One!

• To realize the value of a country
• Watch its progress and fall down.
• To realize the value of Peace
• Look at the background of conflict and analyze
  the strategies being employed by the different
  stakeholders involved in the process

7
Background of the Conflict

• The Communist insurgency - led by the Communist
  Party of the Philippines (CPP), its armed group,
  the New Peoples Army (NPA), and its political
  arm, the National Democratic Front (NDF), or the
  CPP-NPA-NDF has been the most enduring of the
  Philippines armed rebellions, and remains the
  most serious threat to national security

8
Threat to Philippine National Security ..

• . From a small group of less than a hundred when
  it was founded in 1968, the movements strength
  peaked to an estimated 25, 000 members nationwide
  in 1987. Political repression and worsening
  economic conditions had fueled its rapid growth
  during the Martial Law regime under Ferdinand
  Marcos the period of political transition when
  democracy was restored under Corazon Aquino also
  saw a growth in the NPAs strength. Although it
  had declined to about 6,000 members in 1995, it
  has been steadily increasing to reach a current
  (September 2002) estimated strength of around
  12,000 members.

9
Peaceful Settlement of the Armed Conflict .

• Through four Presidencies, the Government of the
  Republic of the Philippines (GRP) has undertaken
  various peace initiatives geared at peaceful
  settlement of the armed conflicts in the country,
  including the Communist insurgency.

10
THE SIX PATHS TO PEACE

• Pursuit of social, economic, and political
  reforms (that address the roots of the armed
  conflicts)
• Consensus-building and empowerment for peace
• Peaceful, negotiated settlement with the
  different rebel groups
• Programs for reconciliation, reintegration into
  mainstream society, and rehabilitation
• Addressing concerns arising from the continuing
  armed hostilities
• Building and nurturing a climate conducive to
  peace

11
Results of CPP-NPA-NDF and GRP Peace Process
These series of formal and informal talks paved
the way for the completion of the Comprehensive
Agreement on Respect for Human Rights and
International Humanitarian Law (CAR-HR/IHL),
which was signed by both Panels on 16 March 1998
in The Hague.
12

A BREAKTHROUGH
The CARHRIHL is the first substantive agreement
forged between the Government the National
Democratic Front
OUR RIGHTS OUR PEACE
13
Implementing the CARHRIHL

• A welcome development in a long, history of armed
  conflict between the GRP the CPP-NPA-NDF
• 37 years from 1968 since the founding
• of the Communist Party of the Philippines
• 19 years since first peace talks in 1986
• 13 years since the resumption of talks in 1992
  during the Ramos Administration
• 6 years since its forging on 16 March 1998

OUR RIGHTS OUR PEACE
14
US Role/Influence in the Peace Process

• In May 1999, the NDF unilaterally withdrew from
  the talks following the ratification by the
  Philippine Senate of the RP-US Visiting Forces
  Agreement.
• After 9/11 CPP-NPA-NDF was included in the list
  of "terrorist organization" by Colin Powell. The
  peace process collapsed as a result of this
  listing up to this date .

15
The State of our Nation
16
The State of our Nation

• POVERTY REMAINS A PROBLEM
• 31M Filipinos live below the poverty line accdg
  to Govt., 64M according to Ibon
• 25M are unemployed or underemployed.
• 9 Million are not eating 3 times a day.
• 400 children die daily due to hunger

17
Did you know that

• the Philippines richest 20 owns 55.8 of the
  nations wealth while the poorest 20 of the
  population gets only 1.7

18
Did you know that

• RP Population hits 85 Million and 32 million of
  them are considered POOR -POPCOm Report
• A new Filipino is born
• every 23.6 seconds
• 3 every minute
• 206 every hour
• 4,947 everyday
• 1.8 million every year

19
Did you know that

• For every 100 Filipino children
• who enters grade I,
• only 66 will finished grade VI,
• 60 will go to high school,
• 40 will graduate,
• 25 will go to college,
• 13 will complete a degree
• and only 1-2 will get a stable job

20
History of Philippine Education
The Philippine Educational System, like any other
system of formal education in class societies,
has always been in the service of the dominant
class. Historically, formal education in the
country was established by foreign warlords
(Spain and US) who came to dominate the Filipino
nation under various guises. Its underlying
philosophy, despite appearances to the contrary,
has always been the justification of Spain and US
colonial aggression and therefore foreign
domination over our economic and political life.
21
History of Philippine Education
So effective was education as an instrument of
colonization that the Filipino psyche was totally
bastardized. What emerged as a product of
colonial obfuscation was, indeed, a Filipino
completely devoid of national identity and
consciousness.
Given this bastardization of the Filipino soul,
which Prof. Renato Constantino would aptly term
as miseducation, it is not at all surprising that
even today a great number of our countrymen still
cling to the myth that without foreign aid the
Filipino nation can not be self-sufficient nor
self-reliant. Such defeatist outlook and servile
character only demonstrate how deep and pervasive
is our cultural perversion under colonial
tutelage.
22
Did you know that

• Every six minutes, one Filipino
• child dies of measles
• Every hour, 6 Filipinos
• die of heart disease
• Everyday
• 4 Filipinos die of cancer
• 28 babies die of tetanus
• 1,277 children die of diarrhea
• 55 die of tuberculosis
• 15 die of renal disease
• 300 develop malaria

23
Did you know that

• There are 1.5 million Street Children nationwide
• With 75,000 in Metro Manila alone

24
OUR ECONOMY IS IN SHAMBLES

• Budget Deficit is predicted to reach 223B this
  year.
• According to World Economic Review, Philippines
  in 61st out of 80 among the most uncompetitive
  country in the world
• Our foreign debt is at 3 Trillion now.
• 65 of companies think that business in the
  Philippines is worse

25
CORRUPTION IS STILL THE NAME OF THE GAME IN
GOVERNMENT

• Transparency Intl. Philippines is the 11th most
  corrupt country in the world
• Procurement Watch Inc. Govt loses 21B every
  year due to corruption

26
Top Ten Most Corrupt Leaders in the World
27
Major Causes of Armed Conflicts in the
Philippines based on the NUC Consultations
(1992-1993)

• Massive poverty and economic inequity
• Political inequity
• Injustice, abuse of power
• Poor governance
• Exploitation and marginalization of indigenous
  cultural communities

28
Significance of the CARHRIHL
29
Significance of the CARHRIHL

• It provides protection to individuals and
  communities directly affected by the conflict.
• It identifies concrete measures to promote
  HR/IHL.
• As signatories to the CARHRIHL, the
  accountability of both the GRP and the NDF for
  their actions is established.

OUR RIGHTS OUR PEACE
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Significance of the CARHRIHL

• It gives human rights victims (directly or
  through representation) additional recourse to
  seek justice (for violations committed on after
  7 August 1998)
• Through advocacy enforcement, it serves as a
  mechanism for the prevention of HR/IHL violations
  the intensification of the conflict.
• It promotes HR/IHL norms among all stakeholders,
  which is important in building a human rights
  regime in
• the long run.

OUR RIGHTS OUR PEACE
31
Significance of the CARHRIHL

• Through mutual respect of all parties, it
  enhances the environment for more substantial
  agreements leading to a peaceful settlement of
  the conflict.

OUR RIGHTS OUR PEACE
32
Basic IHL principles upheld in the CARHRIHL
33
Basic IHL principles upheld in the CARHRIHL

• Humane treatment protection of civilians, the
  sick, the wounded, captured or detained armed
  forces personnel (out-of-combat forces)
• The following are not targets of attack
  civilians, neutral persons, medical, humanitarian
  religious personnel, and organizations
  schools, places of worship, voluntary evacuation
  centers
• Children must not take part in hostilities

OUR RIGHTS OUR PEACE
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PROHIBITED ACTS All forms of violence to life
person

• Killing, torture, inhumane degrading treatment,
  involuntary disappearances servitude, reprisals
  such as hostage-taking, forced evacuations, food
  blockades, being subjected to incitement to
  violence against ones person
• Indiscriminate bombardment, strafing, massacres,
  artillery fire, mortar fire, arson, bulldozing,
  land mining and explosives, chemical and
  biological weapons.

OUR RIGHTS OUR PEACE
35
PROHIBITED ACTS All forms of violence to life
person

• Punishment without due process, unwarranted
  arrest, search and seizures
• Maintaining, supporting and tolerating
  paramilitary groups civilian participation in
  military field operations and campaigns
• Incursions on peoples lives, livelihood and
  properties by mining, real estate, logging,
  tourism and other similar programs

OUR RIGHTS OUR PEACE
36
Rights Upheld in the CARHRIHL
37
Rights Upheld in the CARHRIHL

• Right to a just, democratic and peaceful society
• Right to seek justice, compensation, restitution
• Right to life
• Right to self-determination of the Filipino
  people (sovereignty)

OUR RIGHTS OUR PEACE
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Rights Upheld in the CARHRIHL

• Civil and political rights
• Freedom of thought, expression/speech,
  association, assembly, movement Equal
  protection of the law, due process Privacy,
  right to information, universal suffrage

OUR RIGHTS OUR PEACE
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Special/Specific Provisions

• Martial Law Human Rights Victims
• Political Prisoners
• Review of Jurisprudence Repeal of Repressive
  Laws
• Evacuation Displacement
• Maintenance of CAFGUs, CVOs, etc.
• Special Protection of Women Children
• Proactive Responses HR education, land reform,
  higher production, health sanitation, and
  others of social benefit Reduction of military
  expenditures toward social, economic and cultural
  development.

OUR RIGHTS OUR PEACE
40
CARHRIHL Mechanisms

• The Joint Monitoring Committee (JMC)
• GRP-MC
• NDF-MC
• The Joint Secretariat
• GRP JMC Secretariat
• NDF JMC Secretariat
• Shared Office
• 6/F Immaculate Conception Multi-Purpose Center
• 41 Lantana St., Cubao, 1111 Quezon City

OUR RIGHTS OUR PEACE
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The Joint Monitoring Committee (JMC)

• Monitors the implementation of - or the
  compliance of both parties with - the CARHRIHL.
• Made up of the GRP-MC and NDF-MC, each with a
  chair, two members and two self-nominated
  observers.
• Should meet every three months or as often as
  necessary.

OUR RIGHTS OUR PEACE
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Basic Procedures under the CAHRIHL

• 1. A complaint is filed at the JMC office.
• 2. The GRP-MC and the NDF-MC conduct separate
  screenings of the complaints.
• 3. The JMC meets examines the complaints.
• 4.The JMC decides by consensus if the complaint
  is to be referred to the party concerned for
  comments, investigation appropriate action.

OUR RIGHTS OUR PEACE
43
Current Status

• The implementing mechanisms of CARHRIHL are weak
  and must be supplemented by citizen action.
• The JMC has not been functional due to the
  suspension of talks.
• HR/IHL violations continue.
• The CARHRIHL remains a significant instrument to
  protect peoples rights and move the peace
  process forward.

OUR RIGHTS OUR PEACE
44
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45
THE WAR OF TERRORIN THE PHILIPPINES

• In full support of the US so-called war on
  terror, Philippine President Gloria Macapagal
  Arroyo (GMA) has declared war on all people who
  are critical of her government.
• Community organizers,
• Mass leaders,
• striking peasants,
• and workers
• are being harassed, disappeared, and killed.
  Entire communities are being terrorized.

46
NUMBER OF POLITICAL KILLINGS PER YEAR UNDER THE
ARROYO ADMINISTRATION

• YEAR NUMBER OF VICTIMS
• 2001 98
• 2002 111
• 2003 128
• 2004 73
• 2005 182
• 2006 104 as of June 30, 2006
• Source KARAPATAN

47
The pattern of killings under Oplan Bantay Laya
resembles that of Operation Phoenix, employed by
the US in Vietnam.

• ORGANIZATION
• Trade Union Sector (KMU, including its local 59
• member unions/federations and party list)
• Peasant Sector (KMP, including those from
  local 193
• organizations and party list)
• Womens Sector (Gabriela, including its local 32
• womens organizations)
• Anakpawis Partylist 21
• Bagong Alyansang Makabayan (BAYAN) 5
• BAYAN MUNA 95
• Gabriela Womens Party list 3
• Youth/Students Sector (League of Filipino 7
• Students, Anakbayan)
• COURAGE 1
• KADAMAY 3
• Source KARAPATAN as of June 30, 2006

48
(No Transcript)
49
THE WAR OF TERRORIN THE PHILIPPINES

• Since the declaration of the Philippines as the
  Second Front in the US-led global war against
  terror, military spending by the Philippine
  government has increased 60.
• In the 1990s, annual military spending averaged
  28 billion pesos. Since 2002, the Philippine
  government's armed forces spend an average of 45
  billion pesos annually.

50
THE WAR OF TERRORIN THE PHILIPPINES

• The US have committed at least 356 million in
  military aid to the Philippines.
• This amount is up from the US pre-9/11 annual
  military assistance of 30-40 million.
• And with this amount, the Philippines will soon
  become the fourth largest recipient of US foreign
  military assistance.

51
THE WAR OF TERRORIN THE PHILIPPINES

• Meanwhile, the US State Department, in its own
  report released in February 2005, said that
  Philippine security forces have been responsible
  for serious human rights abuses.
• The report found that elements of the Philippine
  armed forces practiced extrajudicial killings,
  vigilantism, disappearances, torture, and
  arbitrary arrest and detention.
• In short, George W. Bush and company are using
  the US peoples tax dollars to fund and train
  human rights violators.

52
The good news .. the Philippine government
recognizes the strategic importance of
multi-sectoral partnerships in the attainment of
peace and development in the country
53

• Sulong CARHRIHL is a nationwide network of
  individuals, organizations, institutions and
  programs who uphold human rights and
  international humanitarian law as a means to
  build a just and lasting peace.

54
Sulong CARHRIHL welcomes

• The forging of CARHRIHL between the Government
  of the Republic of the Philippines (GRP) and the
  National Democratic Front (NDF) in 1998.
• Putting into effect of the Agreement with the
  formation of the GRP-NDF Joint Monitoring
  Committee and the respective GRP and NDF
  Secretariats to observe and implement the
  CARHRIHL.

OUR RIGHTS OUR PEACE
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Goals of Sulong CARHRIHL
The primary goals of the network are v   
education/advocacy on CARHRIHL, and v   
prevention of violations and supporting
observance of human rights and humanitarian law
within the framework of the CARHRIHL.
OUR RIGHTS OUR PEACE
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Sulong CARHRIHL also hopes to

• address the needs of communities and
• groups affected by the armed conflict
• support and sustain the peace process
• between the GRP and the NDF and
• provide additional avenues for constructive
  dialogue among the main stakeholders of the
  peace process, namely, the GRP, the NDF and
  Philippine civil society.

OUR RIGHTS OUR PEACE
57
Sulong CARHRIHL as a third party to the
conflict

• The network will maintain its independence and
  autonomy.
• It will not file complaints on behalf of victims
  but will ensure that human rights victims will
  have recourse and that the CARHRIHL processes and
  structures are responsive.
• it will campaign for the observance of CARHRIHL
  by both parties in order to prevent violations.

58
Functions of the Network

• Sulong CARHRIHL hopes to bring together people,
  groups and programs nationwide to achieve its
  advocacy, prevention and monitoring goals.
• The network shall serve as a coordinative body
  of these groups/individuals who agree to adopt
  the objectives and undertake corresponding
  actions (promotion, documentation, monitoring and
  fact-finding, responding or assisting HR/IHL
  victims).
•  

OUR RIGHTS OUR PEACE
59
Programs

• CARHRIHL Advocacy
• HR/IHL Training and Education
• HR/IHL and Peace Constituency Building
• networking/chapter capacity-building
• Implementation and Action-Response
• Updates on HR/IHL/CARHRIHL and peace situation
  Special Missions/Campaigns/Task Forces
  Statements Mediation engagement of the GRP
  the CPP-NPA-NDF Interface with other HR/IHL and
  peace agencies and initiatives

OUR RIGHTS OUR PEACE
60
THE UNCREATION STORY

• In the beginning was the Earth, and it was
  beautiful.
• And Man lived upon the Earth.
• And Man said Let us build skycrapers and
  highways.
• So Man covered the Earth with steel and concrete.
• And Man said It was good.
• On the second day, Man looked upon the clear blue
  waters of rivers, and of the seven seas of the
  Earth.
• And Man said Let us damp our sewage into the
  waters. And Man did. So the waters became dark
  and murky. And Man said It is good.

61
continuation.
On the third day, Man gazed upon the forests of
the Earth.They were tall and green. And Man said
Let us cut the trees to make things for
ourselves. And Man did. And the forests grew
thin. And Man said It is good. On the fourth
day, Man saw the animals of the Earth Leaping
into the fields, and playing in the sun. And Man
said, Let us trap the animals for money, and
shoot them for sport. And Man did. And the
animals became scarce. And Man said It is
good.
62
continuation.
On the fifth day, Man felt the cool breeze in
his nostrils. And Man said, Let us burn our
refuse and let the wind blow away the smoke and
the debris. And Man did. And the air became
dense With the smoke and carbon. And Man said,
It is good.
63
continuation.
On the sixth day, Man saw many kinds of people on
Earth, All different race, in color in
creed. And Man feared them, and said Let us
make bombs and missiles in case misunderstandings
should arise. And Man did, then said, It is
good. On the seventh day, man rested. And the
Earth was quiet, and deadly still. For Man was
no more. It was good!
64
"No-one deserves to die for their political
affiliation," ... "It should be a deep
embarrassment to the government that people in
the Philippines cannot freely exercise their
rights of political expression and association."
Amnesty International