62
|
HUMANITY AMIDST CONFLICTS
Third Challenge —
CHALLENGES:
Thereis a need to strengthen remedyfor IHL Bill
First challenge —
violations. IHL violations occurred and continue
Nonationallaw regarding IHL.
to occur.
Recommendations:
Recommendations:
.
Review of the existing state policies,
particularly those concerning the security sector,
particularly the AFP’s Rules of Engagement, the
Rules of Procedure as well as the military justice
system.
This is important because in the
implementation
of the AFP’s
Rules
of
Engagement, the legal standards set up by IHL
should be considered. In this way, IHL becomes
localized or domesticized.
'
Compliance monitoring by the Civil
Society.
The Civil Society should recognize the
fact that they have the capacity to give information
on whatis happeningin our society with regard to
the implementation of IHL.
Enactmentof IHLBill itself.
Recommendations:
Lobbyfor the passage of the IHL Bill. We
do that by social mobilization for thelegislative
body and ensuring thepassageofthe Bill. Wewill
get support from different state actors and nonstate actors and other organizations soas to help
in the lobbying.
=
Ratification of relevant treaties. Treaties
like the 1998 Rome Statute on International
Criminal Court, Protection of Victims of
International Armed Conflict, the 1954 Hague
Convention for the Protection of Cultural
Properties, the 1999 Protocol, and the Optional
Protocol on the Convention Against Torture, have
beenratified but not yet signed by the President.
.
Ensure the enactment of the domestic
legislations. We haveBills pending in Congress
which includes the IHL Bill, Convention Against
Torture,Bill against Enforced Disappearance,Bill
for the Internally Displaced Persons.
Fourth ChallengeProvisionsfor an effective legal aid service for the
Second challenge —
.
"
Public awareness campaign for the
underprivileged. Wesee this as a problem so we
have to strengthen remedies.
Recommendation:
.
To provide free legal aid services to the
victims, usually from the far-flung areas, where
they cannotafford to hire their own lawyers.
Fifth Challenge —
The unresolved cases of alleged IHL violations.
With IHLstill not translated into domestic law.
importanceandthenecessity to adopt the IHL in
IHL violations may be remedied by reviewing and
the domestic system.
The previous group
strengthening the current witness protection
mentioned how we should promotethe IHLitself.
program of the State taking into account the
.
Weshould lobby or conduct a dialogue
development in HumanRights and Internationa!
with the Executive Branchto certify the IHL Bill
Humanitarian Law. As observed by many,victims
as a priority Bill because this armed conflict has
are unwilling to cooperate due to fear/threat to
already been a long problem, specifically in
their lives because their aggressors are usually
Mindanao.
state agents.