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HUMANITY AMIDST CONFLICTS
of the Armed Forces of the Philippines are
state actors as well as state actors, we do expect
responsible for extra-judicial killings. What
that our pronouncements should be listened to
happenedthere? “
and hopefully implemented. Andif they are not
implemented, we willjust continue to report that
Answerof Comm. Quisumbing:
they are not being implemented.
Those at the
“What happenedthere is that, there were some
local level, you know that media is a very good
initiatives that were taken. Weare still waiting to
partner in terms of reporting the CHR
see whatfruits they are bearing. Iam asking you,
pronouncements, butfor instance, next week Iam
whatexactly you meanin terms of the powers of
going to Geneva to speak on the Philippine
institutionalbodies, can you be morespecific about
situation before the Committee onthe Elimination
the actualinstitutional bodies you mean?”
ofRacial Discrimination.”
Follow up question from the same
Professor Miriam-CoronelFerrer:
Participant:
“I guess we all know how harditis to getjustice
“Are these powers only recommendatory?”
after humanrights violation has been committed
and that has something to do with the witnesses
Comm. Quisumbing: “Which institution?”
in our criminal justice system, our state
institutions and so on. And that is why we were
Participant:
“Bodies like the CHR.”
asked, one of the most important interventions
is preventive in nature. And that kind of
Comm. Quisumbing:
preventive interventions would be along thelines
“Okay, you have mentioned the CHR, you have
of trying to generate awareness so that the
mentioned the Melo Commission. So we have
armedparties do not commit this. Andforpeople
concrete examples when wetalk about those.
to actually demandthat both parties observe
The Melo Commission wasestablishedfor a very
international humanitarian law.
specific mission and they have no power to
enforce. They were only meant to look into, to
“But there are also certainly other mechanisms
report and to make recommendations. Very
by other institutions that are in place in the
clear.
communities. We knowthatin other indigenous
communities, they have tribal courts. They have
“The CHR powers as you know, in the
their own courts ofjustice. And I am happy to
Constitution in Article XIII, Section 18, are very
tell you that they are able to extract
specific, quite limited.
We admit, we have no
accountabilities using their court ofjustice
mouth, we use it. We report,
against the NPA, against some AFP soldiers as
we investigate, we nag, we advise, we holdfora
well whetherit involves the payment of some
like this.
do not have powers to execute.
blood moneyor retribution or some apology that
We do not havejudicialpowers. We cannot then
has been extracted from these parties. And
put into action whatit is that we havesaid.
largely because theyfollow their own courts, they
However, because we are recognized as credible
have their own organization. Andthe legal and
and independent, and because we look at non-
the peace negotiation framework certainly has
teeth, we have a
We