E/CN.4/1991/17
page 70
216. The total approach strategy, mentioned before, is embedded in a
three-tiered defence system for internal security, consisting of three
components:
(a) The Military Mobile Forces (the Armed forces proper) consist of
combat units and are primarily responsible for the clearing phase;
(b) The Territorial Forces, which play a preponderant role in the
holding and consolidation phases have a dual composition: they consist of the
police (the Philippine Constabulary and the Integrated National Police) on the
one hand and the Citizen Armed Force Geographical Unit (CAFGU) on the other
hand. The Philippine police is part of the armed forces; there is no civilian
police apart from the fact that the National Bureau of Investigation has
police powers to conduct investigations in criminal cases and disposes of
qualified personnel to carry out this specific task. The CAFGUs are composed
of reservists and are part of the military system. Although it is maintained
that the army strictly controls the CAFGUs and that applicants with a criminal
record are rejected, concern has been expressed by various civil authorities
and human rights organizations about their undisciplined behaviour, reportedly
resulting in serious human rights violations. Another reason for concern is
that the CAFGUs sometimes hire themselves to private business concerns, a
phenomenon that has raised doubts about their loyalty to the Government;
(c) The third element of the three-tiered defence system for internal
security consists of the Civilian Volunteer Organizations, or Bantay Bayan.
These CVOs, to which a role is assigned in the consolidation phase, are not
part of the armed forces; they operate under the supervision of the local
authorities. The function of the CVOs is formally seen as an expression of
the constitutional rights of citizens (art. XIII, Sect. 15) to organize
themselves to protect their interests. They are supposed to enhance the
campaign for peace and order in their respective localities and should
strictly adhere to the orders of military and civilian authorities. In
principle they are unarmed, but members who are authorized to carry arms, can
keep them while carrying out their function.
217. Although the Government considers the CVOs to be an essential element of
the system to maintain internal security, non-governmental sources have
expressed fear that the CVOs function is the same as that of the notorious
armed vigilante forces under the Marcos regime, which were responsible for
serious human rights violations and are formally banned by article XVI,
Section 24 of the Constitution. It is also said that recruitment is not
entirely voluntary and that their creation blurs the roles of the military and
the civilians, thereby contributing to the militarization of Philippine
society.
218. The process of restoring peace and ending the insurgency is co-ordinated
by Peace and Order Councils (POC), which operate at the national, regional,
provincial, city and municipal level. These POCs consist of representatives
of the Department of Local Government, the military and the private sector.
219. At present the Philippines does not have a Department of the Interior but
a Department of Local Government. A bill is pending before Congress intended
to supplant the latter by a Department of the Interior with supporting
agencies such as a Philippine National Police. If this bill is enacted,
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