international mandates on human rights education. We now have the UN Declaration on Human Rights Education and Training and every core treaty of Human Rights has a specific mandate on mandatory at this point if specific provisions are warranted on specific subject matters, I don't think that the table is completely closed on these particular issues. But let me point out that there are IHL and HR provisions human right education along the very content of the treaty. And all of these have to be reporled, on how already present in the framework agreement well we have complied with these provisions. Gen. Tutaan: The level of compliance is there but is not yet a For Atty. Mallari, can we equate complementary to exhaustion of domestic remedies? complied thing. We have an Education and Training Usec Sandoval: Even as the framework agreement and the negotiations are ongoing, there are mechanisms already established to make sure that the civilian community is protected in areas of armed conflicl There are cessation of hostility committees created and there are international monitoring teams that are represented by several countries to make sure that cessation of hostilities remain. These are formal institutions and formal mechanisms that are established by both parties. As a matter of fact within 20L2 there was no encounter between Covernment and the MlLt One of the reasons is the presence of a ceasefire mechanism, therefore it is very impoftant for the parties to make sure that the civilian population, the non-combatants especially, are protected, especially those who are in areas of armed conflict The framework agreement also speaks o[ as Board that is undertaking the revision as far as the POI is concerned. What we did is to flt it from pre-entry courses to senior military courses so that everything will be there. Its just a matter of allocating the number of periods and the most of instruction as far as the manner of educational training is concerned, as mandated, as you mentioned in the action plan of the AFP in the National Education Congress for Human Rights Education. We are going to be there, but again I will tell you, not to expect that it will come out in the very near future. But as we are doing this on the POI having a collateral effort, this is being undertaken by the Army Human Rights office, as far as doctrinalising this. We have an education and training board and we also have our doctrines board. And we hope that as we do this in education and training we are also able to have this in the doctrines board, both now connected in the integration process or integration cycle of the IHL as we see in IHL I mentioned earlier, the establishment of a program on transitional justice. This is part of the normalization provision, the details of which will be spelled out in the annex on normalization. Transitional justice would include grievances for human rights abuses Underthe Rome Statute,the ICC can have jurisdiction or acquired jurisdiction over the case if it is referred committed by both parties, against each other or against non-combatants. This will cover grievances One of the options is when it is referred by the state party, that means that the state party already gave by the community and therefore I think in that sense, the concern of HR violations committed by its consenl Article 17 of the Rome Statute also provides that a case is inadmissible if the case is combatants and non-combatants as well as against being investigated or prosecuted by the state which has jurisdiction over i[ unless the state is unwilling the civilian population will be covered. At the end of the day, because the basic law will be subjected to the congressional processes, consultations will be held and additional provisions can still be added. The basic law will be subjected to deliberation and therefore comments will be accepted in the usual way that we pass laws. Therefore, I thinh by the state party or by the Security Council of the United Nations, or if it is initlated by the prosecutor. or unable to genuinely carry out the investigation or prosecution. lts not really exhaustive, in the sense, that you have to maximize or to end the proceedings before the domestic courL If there is a finding that the perf,ormance of the domestic court is unsatisfactory or genuinely unable or unwilling, to quote Article 17, then the ICC can proceed. Itaguyod ang IHL: Sibilyan Pangalagaan