CARHRIHL:
Historic Document Born Out of the Filipino People�s Struggle for Human Rights

Basahin ang artikulong ito sa Pilipino

The GRP is reneging on its responsibilities under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL). This, despite Joseph Estrada�s approval of the document last August 7. This government, notorious for distorting constitutional and legal processes to advance the interests of US imperialism and big landlords and compradors, now insists on hiding behind the mantle of constitutionalism to escape its obligations under the Agreement.

Nonetheless, it is important to propagate the Agreement among the broad masses of the people in order for them to uphold it. If the GRP refuses to respect it, let the people regard it as something that is truly their own. Through their revolutionary struggle, the people can fulfill and even surpass the aims of the Agreement.

The country�s long history of revolutionary struggle and political negotiations has never brought forth a document such as the CARHRIHL, wherein the reactionary government formally acknowledges the existence of widespread violations of human rights in the country. The Agreement moreover obliges the GRP to recognize the full range of human rights especially those of workers, peasants, fisherfolk, urban poor, migrant workers, national minorities, women, youth and children. It stipulates concrete measures to rectify violations of human rights and give justice to victims; and recognizes the integrity of the revolutionary movement and grants it its rightful place in confronting and resolving cases of violations of human rights.

Full range of human rights

The CARHRIHL upholds the full range of human rights in the political, economic, social and cultural spheres. It guarantees the democratic rights of workers, peasants, fisherfolk, urban poor, migrant workers, national minorities, women, youth and children.

Article 2 of Part III contains 25 clear provisions defining the entire range of these human rights. Foremost among these are the people�s right to gainful employment and humane working conditions, free education up to high school and basic health care; and the right to resist an oppressive and tyrannical regime. The right of peasants to own the land they till is outrightly recognized. Land reform is also recognized as the principal step in attaining democracy and social justice.

It stipulates that victims of human rights violations must be accorded justice. The desire for indemnification of victims of human rights violations under the Marcos dictatorship is recognized and advanced in the Agreement. The GRP is likewise obliged to review cases of, recognize and release, political prisoners.

To prevent violations of human rights, the GRP must take steps to repeal repressive laws, decrees and executive orders.

Respect for International Humanitarian Law

Part IV of the Agreement contains particular provisions on respect for international humanitarian law. It ratifies international instruments regarding laws of war and protocols which should be respected by contending forces in a civil war. The Agreement sets standards exceeding those provided by the Geneva Conventions of 1949 and Protocol I of 1977.

The principles of international humanitarian law are applied to:

• civilians not actively involved in hostilities;
• members of armed forces who have surrendered or given up their weapons;
• those who have been rendered hors de combat because of illness, wounds or other reasons;
• persons deprived of liberty due to reasons related to the armed conflict; and
• relatives and authorized representatives of the aforementioned persons.

The CARHRIHL forbids any form of violation of the rights of anyone covered by these provisions in all cases and under any circumstance. Civilians are distinguished from combatants and thus should not be made targets of bombings, strafing, canon and mortar fire and arson. As provided for in the Agreement, the AFP and PNP should review and amend their programs, projects, campaigns and practices such as forced evacuations and reconcentration of civilians (hamletting) which cause the destruction of the people�s lives, livelihood and property.

Personnel and facilities of schools, the medical profession, religious institutions, places of worship, evacuation centers and programs and projects involved in relief operations must not be made targets of any attack.

The Agreement also stipulates that the GRP should review its policy or practice of forming paramilitary groups like the Citizens Armed Forces Geographical Unit (CAFGU) and Civilian Volunteers� Organization (CVO). It likewise stipulates the people�s right to demand a reduction in military expenditures in order to rechannel funds to social, economic and cultural projects.

Victims of abuse have the right to obtain justice and receive indemnification. They also have the right to demand investigation, prosecution and appropriate disciplinary action for violators of international humanitarian law. The Agreement cites the need to launch education campaigns on this matter.

Joint Monitoring Committee

In order to monitor, confirm and ascertain compliance with the provisions of the Agreement, a Joint Monitoring Committee shall be formed. Each side shall appoint three members and nominate two representatives of human rights organizations as observers.

The two leading members of both sides shall serve as co-chairs of the Committee. They shall receive complaints regarding violations of the CARHRIHL and related information. In a consensual manner, the Committee may request the investigation of parties involved in the complaint and from there, recommend appropriate action.

The Committee shall cover not only violations of human rights under the Estrada regime. It shall also review grave abuses of human rights and international humanitarian law under the past regimes.

This committee shall have more significance than the state�s Commission on Human Rights whose sole purpose is to serve as an apologist for the GRP.

In relation to the Committee�s formation, the NDFP has resolved to establish human rights offices within and outside the country. These offices shall be administered, controlled and directed by NDFP members in the Committee.

The Agreement stipulates that the latter shall be implemented immediately upon ratification by the principals of both parties. Signing the Agreement signifies unconditional readiness to abide by its provisions.

It is also stipulated that both sides shall undertake separate duties and responsibilities to advance, nurture and propagate human rights and principles of international humanitarian law in accordance with their respective political principles, organizations and circumstances.

10 December 1998
English Edition

	Editorial: Hold the GRP Accountable for its Obligations in the Human Rights Agreement
	CARHRIHL: Historic Document Born Out of the Filipino People�s Struggle for Human Rights
	The Tortuous Road of Peace Negotiations
	Defending the NDFP�s Revolutionary Integrity in the Peace Talks
	Two Statements Statement on human rights claims Under Article 5, Part III of CARHRIHL
	Two Statements Estrada will not fulfill his promise