22 July 2017
PRESYO NGA PAMAAGI
Statement of the Commission on Human Rights on Martial Law Extension
Believing in the rule of law, the Commission respects the powers granted to the President of the Republic, including the authority to declare Martial Law and suspend habeas corpus in the interest of public safety. This recognizes the fact that the President as Commander-in-Chief holds “vital, classified, and live information” used as sound foundation for the declaration of martial rule over the whole of Mindanao. As such, this position also acknowledges that the President has the credible “tactical and military support” in ensuring that his decisions are guided with the actual situations on the ground.
The Constitution has also provided safeguards to balance the interest of the country. That even in the declaration of Martial Law, the President does have not the power to supplant the Constitution nor does such declaration give him the absolute authority to infringe on the rights of the civilians. These principles are affirmed in the President’s General Order No. 1; guidelines issued by the Department of National Defense; and operational procedures issued by the Philippine National Police during Martial Law.
The Commission, however, further stresses that, regardless of the context, respect for human rights must always be upheld. CHR regional offices in Mindanao have already looked into allegations of human rights violations—including those formally filed before our offices and motu proprio investigations.
The Commission expresses its confidence to the Armed Forces of the Philippines and the Philippine National Police to effectively quell terrorism—particularly waged by the Da’watul Islamiyah Waliyatul Masriq (DIWM) DAESH-inspired group composed of the Maute Group and elements of the Abu Sayaff Group, the Ansarul Khilafah Philippines, and the Bangsamoro Islamic Freedom Fighters—and will be able to restore law and order in the whole of Mindanao even without Martial Law.
As Congress deliberates to consider extending the application of Martial Law in Mindanao beyond 60 days, the CHR expresses its position that at this current moment, it believes the government has the full capacity and ability to address any extremist threat and lawless violence within established powers and authorities of our security forces and chain of command without the necessity of further exercising the Martial Law powers.
In the course of the last two months, the CHR has observed and received reports from multiple stakeholders of the effects on the lives of civilians and non-combatants – particularly members
of the Moro community – who have suffered much from the continuing violent conflict in Mindanao. We are concerned that the manner by which aerial bombardment employed in Marawi did not sufficiently take into account the time honored standards of distinction, proportionality and necessity in International Humanitarian Law resulting in tremendous damage and destruction. We are moved by the humanitarian crisis of massive dislocation and displacement of over 90,000 families in both evacuation centers as well as in host homes across Mindanao that are not adequately attended to.
Part of fulfilling its mandate, a Joint Monitoring Mission was conducted by the CHR in evacuation centers in Iligan City, Lanao del Norte, and Lanao del Sur during the earlier part of July 2017. This mission was coordinated with the Regional Human Rights Commission of the ARMM and the National Emergency Operation Center (NEOC).
The mission has yielded findings on the condition of the displaced residents of Marawi City, including issues on: health (addressing illnesses of internally-displaced persons [IDPs] and ensuring services for pregnant and lactating women, and for children and the elderly); on camp management (ensuring registration and documentation of all IDPs, provision of more tents and tarps, and ensuring compliance with standards of Women and Child Friendly Spaces); and on food and non-food items (the clamor of IDPs for food donations other than noodles and canned goods, and for uniformity and equal distribution of relief goods). The recommendations have been forwarded to NEOC for their proper action. There is also a need to supply adequate and healthier food alternatives (other than noodles and canned goods), including ensuring uniformity and equal distribution of relief goods, even culture appropriateness, especially for donated clothing.
We ask that due consideration to the full exercise of fundamental human rights and the recognition of the dignity of all will be respected. Please do not think we are any less patriotic when these concerns are raised as the constitution itself enshrines the same values. Human Rights Defenders love, honor and cherish their country and its people as much as any other Filipino.
We salute the courage and bravery of our armed forces in sacrificing their lives to protect others and in defending the flag and the nation against all threats. We believe that the rights and welfare of our troops must also be upheld.
At the same time, the Commission condemns the actions of the Maute Group recruiting, even worse, forcing children to serve as spies, couriers, or fighters during the ongoing hostilities despite laws and conventions protecting the rights of children.
In the end, civilians and soldiers alike are all Filipinos whose rights deserves to be protected. We also echo our hope that the conflict gets resolved as humanely as possible, faithful to the principles of justice, equality, inclusivity, and the rule of law, and aligned with the vision of preserving the dignity of all.
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Kontaka nga Tawo:
Si Atty. Jacqueline Ann C. de Guia
Director, Public Affairs and Strategic Communication Office
Telephone No: (02) 928-5792 / 0977 284 0787
email address: comms.chr@gmail.com