E/CN.4/1991/17 page 83 committing the continuing crime of sedition, the exercise of these freedoms could subject him to suspicion of involvement in rebellion or subversion and then to arrest and detention. 263. Under such circumstances even the best legal guarantees will come to naught unless there are strong counter-balancing forces in society which remind those who are responsible for the maintenance of internal order to abide scrupulously by the law. In spite of promising measures which were taken immediately after the revolution, the institutions established by these measures do not seem to function adequately even if the difficult situation in which they have to carry out their task is taken into account. 264. Some efforts at national reconciliation have been initiated recently. Leaders from various factions, including principal figures of the political opposition and of the leftist armed groups, have declared themselves willing to enter into negotiations to achieve an enduring solution which finally will bring peace to a nation that has been ridden by violence and internal conflict for such a long time. This process of reconciliation, however, will take considerable time. In the meantime it seems vital to maintain and strengthen the constitutional order which was established after the 1986 revolution through so much sacrifice. 265. It cannot be denied that human rights violations are committed by the insurgents. In this context, the assassinations by the sparrow-units deserve particular mention. If, however, the Government reacts by making the respect for human rights subordinate to the crushing of resistance, it itself contributes to the spiralling of violence and lawlessness. The task of guaranteeing the constitutional order can never be carried out through means which are themselves a violation of that same order. 266. As far as the armed struggle is concerned it could be of great importance if the provisions of the Second Protocol to the Geneva Conventions of 1949 were considered to be applicable. This Protocol contains important provisions to safeguard the basic human rights of the population. The position of the authorities with regard to their applicability is not very clear. Although representatives of human rights organizations told the Special Rapporteur that the Government did not consider the Second Protocol applicable, this position was not unequivocally taken by the representatives of the armed forces during their discussions with the Special Rapporteur. They said that conditions "short of war" indeed prevailed in certain areas and that, therefore, the Protocol could be applicable. Although it is unclear whether the rather high threshold, mentioned in article 1 of the Protocol is met, nothing prevents the Government from declaring applicable the Protocol's provisions which, inter aliat explicitly forbid torture and humiliating and degrading treatment of persons who do not directly participate in the hostilities. Such a decision could contribute to an improvement of the political climate and would indicate that the total strategy approach must not be understood as a total war strategy neglecting humanitarian standards and respect for human rights. 267. The legal provisions in the Philippines with regard to the rights of persons who have been deprived of their liberty are of a high quality. They are nearly word for word in conformity with the Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment, adopted by the General Assembly in 1988. The unqualified prohibition of incommunicado