Findings and Conclusions
1. It must first be said that the government, with its vast arsenal of powers and as
principal duty-bearer, is bound by the highest standard of responsibility and
accountability in upholding HR. The Commission sadly notes the failures of
the government in respecting the HR of the Lumad and behooves it to act more
judiciously in ensuring that HR are, at all times, respected.
2. HR obligations, however, are owed by all. Non-government entities, too,
cannot escape accountability for HR abuses. The Commission recognizes the
nobility in the cause of the religious and civil society support groups, as well as
their sacrifices, in seeking to protect the rights of the Lumad. The Commission
also notes their transgressions – their own tendency to forget or ignore the
basic rights of the very people whom they profess to support, perhaps in their
passion to dramatize the plight of the Lumad.
Militarization and Military Encampment in Schools
3. In recent decades, armed conflict has blighted the lives of millions of civilians.11
Serious violations of both International Humanitarian Law and International
Human Rights Law are a common occurrence in many armed conflicts. Over
the years, the UN General Assembly, the Office of the High Commissioner
on Human Rights and, more recently, the Human Rights Council, have
considered that, in armed conflict, parties to conflict have legally binding
obligations concerning the rights of persons affected by the conflict.
4. According to the UN Working Group on Indigenous Issues, “wars and armed
conflicts are a major concern for IPs.”12 In many cases, “IP lands become
battlefields of internal wars and conflicts, and IPs are targeted by non-regular
armed groups like colons or paramilitaries and threatened by regular military
11 UN Security Council. 2018. Report of the Secretary-General on the protection of civilians in armed conflict (S/2019/373). Retrieved
from https://reliefweb.int/report/world/report-secretary-general-protection-civilians-armed-conflict-s2019373-enarru
12 “Utilization of Indigenous Peoples’ Lands by Non-Indigenous Authorities, Groups or Individuals for Military Purposes” Review
of Developments, UN Commission on Human Rights, par.8.
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