CHR tells government: Uphold human rights despite martial law
May 24, 2017 | 9:35am
A Muslim woman passes by policemen at a checkpoint in downtown Manila, Philippines, Wednesday, May 24, 2017 as the Philippine National Police is placed under full alert status following the declaration of martial law in Mindanao, southern Philippines. Philippine President Rodrigo Duterte warned Wednesday that he'll be harsh in enforcing martial law in his country's south as he abruptly left Moscow to deal with a crisis at home sparked by a Muslim extremist siege on a city, where militants burned buildings overnight and are feared to have taken hostages. AP/Aaron Favila
MANILA, Philippines - The Commission on Human Rights on Wednesday urged the government to uphold the human rights of all Filipinos following the declaration of martial law in Mindanao on Tuesday night.
“The President as Commander-in-Chief has vast powers to call out the armed forces to supress rebellion and lawless violence,” CHR chairman Chito Gascon told The STAR.
“The courts and legislative bodies can serve to determine if the prerogative was appropriately exercise. Human rights should be upheld at all times and CHR will continue to monitor,” he added.
In a separate statement, CHR spokesperson Jacqueline de Guia said they are monitoring the situation in Marawi City through the regional human rights commission of the Autonomous Region in Muslim Mindanao.
“We are with the nation in prayer for the safety of our brothers and sisters in Marawi as well as our security force. We are hopeful that the incident is contained, perpetrators are brought to justice and violence does no spread further,” she said.
“We urge the government to ensure that the rights of all Filipinos are upheld while addressing this humanitarian crisis in southern Philippines,” added De Guia.
She stressed that the 1987 Constitution enforces the respect for all civil liberties and assures the protection of human rights despite such declaration of martial law.
“The Philippine Congress – including civilian government institutions, such as civilian courts – shall remain in force and will continue with its functions towards ensuring proper checks and balance under this circumstance,” said De Guia.
“We call on our legislators to exercise due diligence and consideration in reviewing the merits of declaring Martial Law in Mindanao. Let us be reminded of the lessons of the 1972 declaration under a regime of a dictatorship – that we may never again repeat this dark past and continue to recognize the higher value of human dignity at all times,” she added.
Knee-jerk reaction
Meanwhile, the National Union of People’s Lawyers (NUPL) called on President Rodrigo Duterte to recall the declaration of martial law, saying it was an unnecessary knee-jerk reaction to the situation in Mindanao.
“The recent pronouncement made by the President that the martial law in Mindanao will be as harsh as Marcos’ martial law is a dangerous edict. The declaration of martial law should be an option of last resort and should be strictly within the bounds, requirements, and limitations of the Constitution,” NUPL secretary-general Ephraim Cortez said.
“Placing the entire Mindanao under martial law will open the flood gates for unbridled human rights violations and abuses. In the end, it is the civilian population who will be greatly affected. It gives blanket power and authority to conduct military crackdowns and operations that would result in the further diminution of the people’s constitutional rights,” he added.
The group said the recent incidents in Mindanao does not justify the declaration of martial law and that it is not an appropriate solution to the conflict.
They also urged Duterte to order the military not to resort to aerial bombings, mortar shelling, and other forms of military offensive that would endanger the lives of civilians and non-combatants in the affected areas.
For her part, former CHR chair Loretta Ann Rosales called the declaration of martial law as a short-sighted knee-jerk reaction from the president.
“This will result in more human rights violations and massive evacuation of civilians resulting in internally displaced persons, once they start bombing and strafing,” she said.
“Marawi City is one of several cities in Mindanao and in one province among 27. He should isolate the Maute forces within the area which is already militarized,” added Rosales.
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