2.
On the Commission on HumanRightsto seriously consider adopting a policy of
entertaining, investigating and processing complaints of IHL violations, not just
human rightsviolations, from whicheversource.Afterall, IHL has often been considered
as “human rights during armed conflicts,’ while the CHR has the stature, nationwide
regional network and resources of an independentconstitutional body.
The Summit also calls on the CHR to develop in particular its own complementary or
fallback mechanism to the Joint Monitoring Committee JMC) mechanism for the GRP-
NDF Comprehensive Agreement on Respect for Human Rights and International
Humanitarian Law (CARHRIHL). This second call is occasioned by the negative experience
of many years with the inherent impasse- or stalemate-prone provisions of CARHRIHL
onits JMC mechanism, to the detrimentof effective investigation and action on various
complaints of human rights and IHL violations committed by both sides.
2:
OnCivil Society to continueto play the importantrole of a neutral and impartial
civil society in the promotion, respect and implementationof IHL in the
Philippines.
The Philippine Constitution provides that “The State shall respect the role independent
people's organizations to enable the people to pursue and protect, within the democratic
framework, their legitimate and collective interests and aspirations through peaceful
and lawful means.’ The Geneva Conventions have likewise long recognized a role for
impartial humanitarian bodies. The Summit thus also recognizesthe positive roles and
contribution of local humanitarian NGOs as watchdogs over the state and non-state
armed groups, as service-providers, and as advocates ofalternative policies.
4.
On the Philippine Government, the Philippine Congress to ensure the
harmonizationof the international and domestic legislations on IHL. The Executive
is urgently requestedto certify the [HL Bill as a priority legislation and the Legislature to
enact an IHL Bill as well as pending domestic legislations on torture, internal
displacement and disappearance to augment remedies to address IHL violations and
unresolved cases. The following signed agreements mustberatified: the 1998 Rome
Statute onthe International Criminal Court; 1977 First Protocol Additional to the Geneva
Conventions relating to the protectionof victims of international armed conflict; 1954
Hague Convention for the Protection of Cultural Property and its 1999 protocol; and,
the Optional Protocol on the Convention Against Torture. For signature andratification,
there is the Convention against Enforced Disappearance.
In addition, there is need to review and strengthen the current Witness Protection
Program taking into account the developments on HR and IHL, to providefor an effective
legal aid service for the underprivileged, to conduct continuing capability programsof
investigators and prosecutors to include the provision of necessary equipment and
facilities, to introduce compliance monitoring of treaty obligations, and to reviewing
existing national policies particularly those concerning the security sector particularly
the AFP Rules of engagement, PNP Rules of Procedure as well as the military justice
system.
5.
Finally,for all sectors of Philippine Society to work togetherto achieve the
recommendationsof this National Summit and work towards the creation of a
nationalaction plan for IHL.
These are calls and commitments we maketo and on each otherand Philippine society in general
as we seek to move from law-breaking and war to the rule of law and the creation of a culture of
peace.