E/CN.4/1991/17
page 68
207. The Special Rapporteur wishes to thank the Government of the Philippines
for the invitation extended to him. He also wishes to express his sincere
gratitude to all the persons he met during his visit, be they government
officials, other holders of official posts or non-governmental persons, for
the warm and kind way in which he was received and for the useful information
provided for him during the meetings.
2.
Background and legal and institutional framework
208. When in February 1986 a popular uprising brought to an end
the 14-years1 rule of President Marcos the new administration under
President Corazon C. Aquino solemnly declared that it would restore the rule
of law and respect for human rights in the country. A new Constitution was
adopted by popular referendum in 1987. Article 2, Section 11 provides that
"the State values the dignity of every human person and guarantees full
respect for human rights". Article III contains a Bill of Rights. Its
Section 12 provides, inter alia, that "no torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used
against [a person under investigation for the commission of an offense].
Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited". It further provides that any confession obtained
[under duress] shall be inadmissible as evidence and that the law shall
provide penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices,
and their families. Article XIII, Section 17 establishes an independent
office called the Commission on Human Rights (CHR) which, among its other
functions, "shall investigate, on its own or on complaint by any party, all
forms of human rights violations, involving civil and political rights". This
Commission is the successor to the Presidential Committee on Human Rights,
which was created by the President on 16 March 1986 and which had similar
powers.
209. In line with this stated policy the Philippines ratified a number of
international instruments. Being a party since 7 June 1974 to the Covenant
on Economic, Social and Cultural Rights, it ratified on 23 October 1986
the Covenant on Civil and Political Rights and, on 22 August 1989, the
Optional Protocol to the Covenant on Civil and Political Rights under which
individuals have the right to bring a complaint about violations of the rights
set forth in the Covenant before the Human Rights Committee established under
the Covenant. It also ratified, on 18 June 1986, the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and,
on 11 December 1986, Protocol II to the 1949 Geneva Conventions on the
Humanitarian Laws of Warfare. Articles 4, 13, 14 and 15 of the
1984 Convention against Torture contain similar provisions as those mentioned
in article III, Section 12, of the Constitution. Protocol II to the
1949 Geneva Conventions deals with situations of armed conflicts not of an
international character and explicitly prohibits, inter alia, the use of
torture.
210. The Philippines has known several insurgent movements for a considerable
number of years. In the southern part of the country the Muslim National
Liberation Front (MNLF) is trying to establish a separate Muslim state.
Although the present Government granted autonomy to four provinces on the
southern island of Mindanao, fighting has not stopped. Of far more importance
is the insurgency by the New People's Army (NPA), the military wing of the
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