Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, urging State and non-State parties to respect international humanitarian law

In a recent statement, the Communist Party of the Philippines (CPP) has admitted that civilian properties were destroyed or damaged by its armed wing, the New People’s Army (NPA), in the course of several operations. However, the CPP claims that those who have suffered damages were compensated.

At the same time, we take note of the cases filed by the Armed Forces of the Philippines through its Human Rights Office before the Commission on Human Rights (CHR) on the attacks against civilian properties allegedly perpetrated by CPP-NPA since 2010.

In looking into these cases, the CHR asserts its independent, impartial position in investigating human rights violations, including those committed in the context of armed conflicts.

We equally assert our jurisdiction over these cases. International humanitarian law (IHL) covers both State and non-State actors alike. Victims must also be protected from atrocities perpetrated by rebel forces lest we disregard the spirit of IHL and its relevance, especially for communities most affected by armed atrocities.

While CHR stands firm for the liberty of people to believe in specific ideologies, ones freedom to act on these beliefs should be guided by what is lawful and respectful of the rights of others. As private individuals and organisations within the Philippines, CHR calls on the CPP-NPA to adhere to the rule of law by respecting IHL and our domestic statutes in the country, in the same manner that we equally call on the government and its forces to respect our laws and the rights of all.

Even beyond IHL, we continuously remind all parties that the respect for human rights is a universal duty, which varies in degrees of obligation. We expect the government to hold the primary duty to respect, protect, and fulfill the human rights of all, but, even as private individuals, we have the obligation to respect the rights of others in the exercise of our own rights.

We reiterate that the Commission condemns all forms of violence and terrorism from any party who seek nothing but sow fear and disregard human rights. And, at this point, CHR shall continue to be open to both sides—State and non-State parties—in discovering the truth and demanding accountability from the perpetrators of these violations in line with our mandate as an independent national human rights institution.

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