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Sulong CARHRIHL Karapatang Pangtao tungo sa Kalinaw

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Title: 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
30
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
34
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
38
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
39
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
41
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
42
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
(No Transcript)
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
55
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
56
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
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