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Activist groups challenge NPA to ensure justice for blast victims

They challenged the NPA conduct a thorough investigation and submit its report to the Joint Monitoring Committee (JMC) of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) signed between the National Democratic Front of the Philippines and the Government of the Republic of the Philippines.

Activist groups condemned the death of two civilians in a botched military operation by the New People’s Army (NPA) in Masbate last Sunday, June 6.

In a statement, progressive group Bagong Alyansang Makabayan (Bayan) said the incident was a violation of the International Humanitarian Law that prohibits harm on unarmed civilians in the course of an armed conflict.

“These civilian deaths are condemnable. We extend our sincerest condolences to the families of the two victims,” Bayan said Wednesday.

Human rights group Karapatan likewise criticized the NPA unit responsible for the “deplorable and lamentable incident.”

“We take to task the CPP (Communist Party of the Philippines) and NPA for the woeful and tragic incident and expect them to make sure that it does not happen again. The parties to an armed conflict should always distinguish civilians from combatants and adhere to ‘the principles and rules which limit the use of violence in times of armed conflict,’” Karapatan said.

The group added it expects the group to live up to its promise to ensure prompt investigation and to indemnify the victims through their families.

The Makabayan Bloc of progressive parties at the House of Representatives who, like Bayan and Karapatan, are incessantly accused by government agencies to be “CPP front organizations” and “NPA recruiters and defenders” also condemned the incident.

“We condemn the military action by a unit of the NPA in Masbate City that caused their death and injuries to others for violating international humanitarian law,” Bayan Muna, Gabriela Women’s Party, ACT Teachers’ Party and the Kabataan Youth Party said.

“Mariing kinukundena ng Kabataan Partylist ang naturang aksyong militar ng NPA na humantong sa pagkamatay nina Kieth at Nolven Absalon sa Masbate. Ipinapabatid muli ng Kabataan ang taos-pusong pakikiramay sa kanilang pamilya,” the Kabataan Party in a separate statement said.

(Kabataan Party firmly condemns the NPA military action that led to the deaths of Keith and Nolven Absalon in Masbate. Kabataan sends its heartfelt condolences to their families.)

‘Rules of war violation’

Cousins Keith (21) and Nolven (40) Absalon were killed by a roadside explosion reportedly set off by a NPA unit in the area last June 6 at past six o’clock in the morning while the victims.

Nolven’s son Crisbin Daniel (16) was likewise injured.

Keith was a college football star who played with the Far Eastern University junior and senior football teams, earning most valuable player honors in high school. He was also a member of the under-19 Philippine national team.

Nolven was a chairperson of the Board of Directors of the Masbate Electric Cooperative Employees Union.

As per its practice after each military action, the NPA admitted responsibility for the incident last Tuesday.

The death of two civilians and injury of another however prompted the CPP to speak for the guerilla army it leads.

 “The entire (CPP) and (NPA) express their deep remorse over the untimely and unnecessary deaths of cousins Keith and Nolven Absalon and injury to others,” CPP information officer Marco Valbuena said.

“The entire CPP and NPA take full responsibility for the tragedy. There is no justification for the aggravation this has caused the Absalon family,” Valbuena added.

In another statement issued June 9, Valbuena said the takes cognizance of the grave sentiments and denouncement expressed by concerned quarters.

Valbuena admitted that the botched military operation appears to have violated rules of war as well as the NPA’s own policies.

“Indeed, the unfortunate incident involves a breach of international laws of war and of the internal rules of the NPA which gives the highest priority to the protection of civilians at all times,” Valbuena said.

He explained that the NPA unit and personnel responsible are under the authority of the NPA and the so-called People’s Democratic Government it has established in areas under its control.

Valbuena said that the incident is currently being “fully assessed, with the aim of avoiding such errors in the future.”

In line with the NPA’s rules, Valbuena said those found responsible can be meted out “disciplinary action or punishment” corresponding to their individual responsibilities and conduct during the incident.

‘Proper mechanism’

Bayan and Kabataan however said that while the CPP have promptly owned up to the tragedy and promised indemnification, they challenged the NPA conduct a thorough investigation and submit its report to the Joint Monitoring Committee (JMC) of the National Democratic Front of the Philippines-Government of the Republic of the Philippines Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

“There should be accountability in accordance with the mechanisms agreed upon by both parties to the armed conflict…The JMC should be convened as a mechanism for the aggrieved parties who wish to file a complaint against erring armed units,” Bayan said.

Makabayan has urged the Absalon family to file a complaint against those responsible to the JMC.

“Marapat lamang na paganahin ang malinaw na patakaran, tulad ng (JMC) ng CARHRIHL bilang awtoridad sa ganitong mga kaso, para matiyak ang hustisya at pananagutan,” Kabataan for its part said.

(The JMC must be activated as the proper mechanism in addressing such cases. This is to ensure justice and accountability.)

Valbuena said their groups agree to the recommendations.

“Under the CARHRIHL, we are obliged to cooperate with the NDFP Section of the (JMC) if a complaint is filed before it,” he said.

He added that the CPP and the NPA shall likewise consult pertinent provisions of the Geneva Conventions as guides to determining the proper resolutions. # (Raymund B. Villanueva)

NDFP-Duterte meeting up to the President–Agcaoili

The possible meeting between the National Democratic Front of the Philippines (NDFP) the Government of the Republic of the Philippines is up to President Rodrigo Duterte, the Left’s chief negotiator Fidel Agcaoili said.

Agcaoili said they welcome the opportunity to meet with Duterte “unless he does not want to or his military is against it.”

In a speech in Puerto Princesa City in Palawan Saturday, Duterte said he is thinking of meeting with the NDFP negotiators.

“I called for a cluster meeting including the military. ‘So what do you think?’ They said, ‘Maybe. Perhaps maybe.’ It’s not a very big margin there, but ‘maybe,’” Duterte said.

Agcaoli said in a statement that he and fellow NDFP Negotiating Panel member Coni Ledesma have a scheduled trip to the Philippines in connection with their work as members of the NDFP component in the Joint Monitoring Committee (JMC) under the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.

The NDFP and the GRP has a joint secretariat office in Quezon City where a total of 6,898 human rights violations complaints have been filed since June 2004 to March 2018.

The NDFP said 4,886 complaints have been received against GRP forces while 2,012 have been filed against the NDFP.

Agcaoili however earlier said majority of their complaints against their forces were nuisance complaints manufactured and filed by GRP agencies.

Agcaoili said they would be accompanied by NDFP Negotiating Panel senior adviser Luis Jalandoni.

Their trip would also include a meeting with the new Norwegian Ambassador to the Philippines Bjørn Jahnsen, he added.

Agcaoili gave no dates on their arrival and their possible meeting with Duterte.

Duterte has cancelled the peace negotiations between the GRP and the NDFP since November last year. # (Raymund B. Villanueva)

 

Punish rights violators, GRP urged

Rights group Karapatan urged the Rodrigo Duterte government to investigate and prosecute human rights violators instead of engaging in “token gestures” following the opening of a monitoring station in Davao City Friday.

Saying that while the opening of a Davao station to receive reports of rights violations is welcome, Karapatan added the government should do more than “superficial moves” to respond to and address the numerous complaints against State security forces.

“It should investigate, establish accountability and punish State actors who have committed human rights violations,” Karapatan secretary general Cristina Palabay said.

“In short, it should do its job, instead of [engaging] in token gestures,” she added.

Officials led by Presidential Peace Adviser Secretary Jesus Dureza attended the opening of the first Government of the Republic of the Philippines (GRP) compliance monitoring station under its Comprehensive Agreement on the Respect of Human Rights and International Humanitarian Law (CARHRHIL) with the National Democratic Front of the Philippines (NDFP).

The station, to be housed at the Integrated Bar of the Philippines building in Davao City, is the first to be opened by the Manila government since it signed the CARHRIHL in March 1998.

It will receive reports and complaints of “non-compliance” of the provisions of CARHRIHL in 10 conflict-affected regions across the country and endorse it to the Joint GRP-NDFP Monitoring Committee (JMC).

The Office of the Presidential Adviser on the Peace Process (OPAPP) did not mention the nine other regions in their statement on the event.

It also failed to identify the source of funding of the stations.

GRP Panel Member Antonio Arellano said the setting up of monitoring stations is a “unilateral action” on the part of the Philippine government.

“The document (CARHRIHL) promotes the rights of the Filipino people.  It humanizes the ongoing armed conflict.  It seeks to protect both combatants and civilians against violations of human rights and international humanitarian law,” Arellano explained.

NDFP chief negotiator Fidel Agcaoili for his part said they were invited to co-sponsor and attend the event, but refused.

“[The monitoring station] is not mentioned in the CARHRIHL. What the CARHRIHL mentioned was a Joint Secretariat (JS) office, which is the one we have in Cubao,” Agcaoili said.

“The monitoring station is strictly a GRP initiative,” he clarified.

A JMC-JS Office opened in July 2005 at the Immaculate Conception Cathedral in Cubao, Quezon City which the GRP has practically abandoned after several years of operations.

The Teresita Deles-led OPAPP under the Benigno Aquino government petitioned the Royal Norwegian Government to stop funding its operations but failed after the NDFP rejected the move.

The NDFP Nominated Section of the JS still actively holds office there, keeping 6,397 complaints of human rights violations, 4,471 against the GRP and 1,926 against the NDFP as of May 23, 2016. # (Raymund B. Villanueva)

Kasunduan sa Joint Monitoring Committee ng CARHRIHL, pinimarhan ng NDFP at GRP

Nagbunga na ng isang mahalagang kasunduan ang kasalukuyang formal na negosasyon sa pagitan ng National Democratic Front of the Philippines at Gubyerno ng Republika ng Pilipinas sa ikatlong araw nito ditto sa Roma, Italya.

Pinirmahan kahapon ng umaga rito ang supplemental guidelines para sa Joint Monitoring Committee ng Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law o CARHRIHL.

Ayon sa magkabilang panig, mahalaga ang kasunduang ito dahil nagpapakita ito ng kaseryosohan ng parehong GRP at NDFP na isulong ang usapang pangkapayapaan at magbigay ng pakinabang sa mamamayan. Read more

‘First achievement of the 3rd round’: Parties sign supplemental guidelines of Joint Monitoring Committee

ROME, Italy—The National Democratic Front of the Philippines (NDFP) and the Government of the Republic of the Philippines (GRP) signed the supplemental guidelines to the Joint Monitoring Committee (JMC) of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) on the third day of their third round of talks. Read more

NDFP-GRP human rights monitoring committee meets today

THE National Democratic Front of the Philippines (NDFP) and the Government of the Republic of the Philippines (GRP) pushed their human rights mandate forward as the Joint Monitoring Committee (JMC) on the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) held its third meeting in as many months today.

GRP Monitoring Committee chairperson and negotiating panel member Hernani Braganza earlier announced their meeting at the Royal Norwegian Embassy in Taguig City on his Facebook wall.

The JMC was convened for the first time in 12 years last September 20 and again during the second round of formal NDFP-GRP talks in Oslo, Norway last October when they agreed to finally undertake joint activities.

In Oslo, the GRP and the NDFP agreed to develop a JMC monitoring system and jointly promote human rights through forums, trainings and the introduction of human rights and international humanitarian law in school curriculums.

Both parties also discussed and clarified the documentation and investigation of complaints and agreed on the need to finalize the coverage of joint education and capacity building activities by the joint committee’s Joint Secretariat (JS).

Both the GRP and the NDFP have yet to respond to Kodao’s request for statements on their third meeting today.

Breakthrough

Karapatan secretary general and JMC independent observer Cristina Palabay said her group welcomes current efforts to continue JMC’s revitalization.

“Karapatan hopes that the JMC can pursue the complaints on violations of the CARHRIHL by State security forces, especially those in relation to the implementation of the counter-insurgency program Oplan Bayanihan,” Palabay said.

Formed as a CARHRIHL mechanism in 2004 after at least five years of delay, the JMC has received 6,397 complaints of human rights violations, 4,471 against the GRP and 1,926 against the NDFP as of May 23, 2016.

The NDFP however said that 96 per cent of the complaints against them are “nuisance complaints” filed wholesale last November 8, 2006 by the Judge Advocate General’s Service of the Armed Forces of the Philippines.

Most complaints against the GRP and its forces on the other hand were filed by human rights organizations or directly submitted by the victims or their families.

Previously, the GRP Monitoring Committee under the Gloria Arroyo and Benigno Aquino administrations refused to meet with its NDFP counterpart to discuss thousands of complaints of human rights violations against both parties and undertake joint activities as per their agreement in 2004.

The NDFP also revealed that former Aquino peace adviser Teresita Quintos Deles asked the Royal Norwegian Government (RNG), third party facilitator to the talks, to stop funding JMC’s JS that holds office at the Immaculate Conception Cathedral compound in Cubao, Quezon City.

The RNG reportedly refused Deles’ request as JS’ dissolution is only possible after agreement by both the GRP and the NDFP.

The JMC is again expected to convene during the third round of formal NDFP-GRP negotiations in Rome, Italy on January 19-24. (Raymund B. Villanueva/Featured image from Nani Agsalud Braganza’s Facebook wall.)