National Summit on International Humanitarian Law in the Philipppines
57
mechanisms, it is the implementation thatis
use rape as a tool for violence. This affects not
problematic.
only the individual but a broader section of the
community.
No Lawson Important HR Concerns on
the Convention on Torture
They recommended to actively promote and
Identified also is the absence of a domestic law
monitor the CARHRIHL,andaswell asall other
implementing the Convention Against Torture,
mechanismsandlegal instruments. It was noted
Convention Against Enforced Disappearances,
that the UN Resolution No. 1325 empowers
International Criminal Court and other very
womento take part in peace building initiatives.
important treaties. As they commented, the
So, there can be certain confederations of these
government’s position on thesetreatiesis not strong.
different legal instrumentalities where it could be
used asa tool to engage governmentor non-state
armedgroups.
On Policy Recommendations
It was recommended that international treaties
should betranslated into domestic laws. Cited as
A Parallel Policy/Agreementto
an example was the Landmine Ban Treaty which
CARHRIHL
until now does not have a domestic law. There is
There should be a policy parallel to CARHRIHL
a Bill whichis still pending in Congress. Also
as regards to GRP-MILF PeaceTalks. Both sides
mentioned was the need
should agree that they would essentially promote
to
enhance
implementing mechanismsofsignedtreaties.
the International Humanitarian Law and Human
Rights and at the sametimethis should serve as a
Prosecutory Powers of CHR/Broadening
tool for those people who have been victims and
the Capability of CHR
whoserights have been violated in situations of
There must be some mechanisms wherecivil
conflicts in Mindanao. Notedas victimsare the
society and the other groups of people, together
civilians in the areas of Mindanao and the
with other governmentagencies, can partner and
vulnerable sectors. Specially mentioned is the
actually have a platform for the actions.
Philippine ratification of the Rome Statute that
would actually empowerpeopleto atleast use this
Violations to Internationally Recognized
tool to be able to hold accountable those who are
Principles
responsible for the violations especially the
Further identified were the violations to
international arena.
internationally recognized principles. As already
mentioned by the previous groups, there were
Challengeto Create a Culture of Peace
violations committed despite the limitations being
The last but not the least identified was the
set. There were abuses during warlikepillage,
challenge to integrate a framework creating a
destruction of property, seizure of property and
culture of peace vis-a-vis armed conflict
kidnapping of ICRC members.
framework.This would serve as a step towards the
goal of achieving lasting peace. It poses a question
Use of Rape as a Tool for Violence
on howto challenge the war framework and how
It was highlighted that some warring parties even
tocreate aculture of peace. This triggered a debate