Gen. Ricardo A. David, Jr.
Chief of Staff
Armed Forces of the Philippines
Office of the Commanding General
Fort Andres Bonifacio
Taguig City, Metro Manila
Philippines
Re: AFP's Role in Protecting Human Rights
Dear General David,
Congratulations on your appointment as Chief of Staff of the Armed Forces of the Philippines (AFP). In your July 2, 2010 assumption speech, you said that the military would be "guided by... adherence to the rule of law, respect for human rights and international humanitarian law." We welcome your strong statements and efforts to raise awareness of the need to protect and promote human rights in the Philippines. We are writing you with recommendations as to how the AFP can achieve these important goals.
Human Rights Watch reports on violations of international human rights and humanitarian law by governments and non-state armed groups in more than 80 countries in the world. We have been monitoring the human rights situation in the Philippines for more than two decades.
Human Rights Watch recognizes that the AFP is involved in military operations against the New People's Army (NPA) and other armed groups that have long been responsible for serious abuses. However, abuses by one party to a conflict never justify abuses by the other. As you are well aware, a professional and well-disciplined armed force is essential for winning the public's trust and support in counterinsurgency operations.
We urge you to address three major issues of concern:
- Ongoing extrajudicial killings, enforced disappearances, and other human rights abuses, and impunity for such abuses;
- Abusive paramilitary forces; and
- Human rights concerns arising out of the treatment of the so-called Morong 43.
I. Prevent Extrajudicial Killings and Enforced Disappearances
AFP personnel, including officers, and paramilitary force members have been implicated in hundreds of extrajudicial killings and enforced disappearances since 2001. Investigations into rights abuses by internal investigatory mechanisms, such as the AFP Inspector General and Provost Marshal, have lacked transparency. In recent years there has not been a single conviction of an active duty soldier for a politically motivated killing, despite substantial evidence of military involvement in a number of cases. The AFP has also failed to cooperate with other governmental agencies, such as the Justice Department, in investigations into abuses involving alleged military personnel.
Unfortunately, these are not merely past problems. Already under the current administration of Benigno Aquino there have been more than 20 reported killings, several of which implicate military personnel. We were deeply troubled by the statement earlier this month from AFP spokesman Brig. Gen. Jose Mabanta, Jr., who said that the military "is hindered when our personnel are faced with human rights violations.... Most human right violations are in line of duty." This suggests that the military believes that human rights violations are part of the job, not something to be prevented, prosecuted and punished.
Human Rights Watch urges you to:
- Immediately take all necessary measures to improve compliance by military personnel of all ranks with international human rights and humanitarian law, including by disciplining officers who act in a manner that facilitates or encourages abuse, and ensuring the investigation and prosecution as appropriate of alleged abuses.
- Ensure that military personnel of all ranks promptly comply with all requests by military and civilian bodies investigating alleged abuses, and discipline troops who fail to do so.
- Provide the Commission on Human Rights with a full list of places of detention, in accordance with the Anti-Torture Act, 2009.
II. Restrict the Use of Paramilitary Forces
Human Rights Watch has long called on the Philippine government to disarm and disband abusive militia forces such as the Citizen Armed Force Geographical Units (CAFGUs), Civilian Volunteer Organizations (CVOs), and Police Auxiliary Units. In the past decade, the government and security forces have strengthened these forces despite their long history of committing serious human rights violations. In several provinces, ruling families use militia forces as their "private armies," including the Ampatuan clan in Maguindanao. While we recognize that the Philippines continues to face internal security threats, Philippine history shows that using armed, yet barely trained, civilians instead of professional security forces is counterproductive.
Human Rights Watch urges you to:
- Until the government disarms and disbands the CAFGUs, CVOs and other militia forces, ensure that paramilitary forces function according to the provisions of the Reserve Forces Act.
- Disband militia units that do not comply with the Reserve Forces Act or other relevant laws, and suspend members implicated in abuses so long as credible accusations are pending against them.
III. Morong 43 case
First, we wish to thank you for having your staff assist Human Rights Watch's September visit to Camp Capinpin in Rizal province. We hope our visit can help address the human rights concerns we have regarding the so-called Morong 43 case. In February 6, 2010, military and police arrested 43 health workers in Morong, Rizal for being alleged NPA trainees and charged them with illegal possession of firearms and explosives.
Human Rights Watch has interviewed five of the detained people, individually. They each described being denied due process rights, including not being informed at the time of arrest for the reasons of the arrest and their rights to remain silent or to legal counsel. They also told of mistreatment in detention, such as being blindfolded, detained incommunicado, and interrogated for 36 hours. Several detainees have filed complaints with the Commission on Human Rights alleging torture and ill-treatment.
Our first concern is that the AFP has not effectively investigated allegations that military personnel had physically mistreated and violated the due process rights of the 43 detainees. Instead, the AFP awarded the two officers who led the arrests the Bronze Cross Medal. In awarding the medals, Lt. Gen. Roland M. Detabali unequivocally dismissed reports of human rights violations. Officers have repeatedly responded to allegations of rights abuses against the Morong 43 by arguing that the detainees are NPA members - which even if true does not justify their mistreatment.
The military has also ignored inquiries by government bodies responsible for investigating human rights violations. For instance, in February, the military denied the Commission on Human Rights access to the camp where the 43 were detained. In March, it refused to present the detainees before the commission in violation of then commission Chair Leila de Lima's order. The military also did not present the detainees before the Court of Appeals when first ordered to do so on February 12, 2010.
Finally, five of the accused who are availing of the government's amnesty and social integration program remain in military custody. Military officials have told Human Rights Watch that these five will be state witnesses in the cases filed against the other detainees. Human Rights Watch agrees that these five are in need of protection. However, considering the allegations of military mistreatment, the military is not the proper custodian.
Human Rights Watch urges you to:
- Order the Inspector General and the Provost Marshal to conduct prompt, impartial and transparent investigations of the allegations of abuse against the so-called Morong 43. AFP members credibly implicated in abuses should be relieved of duties pending completion of the investigations.
- Publicly declare that the AFP will fully comply with investigations by the Commission on Human Rights and all other government investigatory bodies; investigate and take appropriate disciplinary matters against officers who did not fully comply with government investigations.
- Relocate the five detainees who remain in military detention into the Justice Department's witness protection program or a civilian detention system; seek the assistance of the Departments of Health and Social Welfare and Development to assist in reintegrating these individuals into society.
I would be very pleased to meet with you to discuss these issues further. We look forward to working with you to enhance rights protection and accountability in the Philippines.
Sincerely,
Elaine Pearson
Deputy Director
Asia Division
Cc:
Ret. Lt. Gen. Voltaire Gazmin, Secretary of National Defense, Armed Forces of the Philippines
Col. Onesimo C. Bañaga, Chief, Human Rights Office, Armed Forces of the Philippines
H.E. Mr. Willy C. Gaa, Ambassador Extraordinary and Plenipotentiary to the United States of America
H.E. Mr. Libran N. Cabactulan, Ambassador Extraordinary and Plenipotentiary
