�2006 Worst Year for Human Rights in Davao Regions� – Appendix

The 2006 Human Rights Situation of Southern Mindanao

APPENDIX A

The presidential proclamation 1017 violated Part III Article 2-Section 2 of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) which provides the people�s inherent and inalienable right to establish a just, democratic and peaceful society, to adopt effective safeguards against, and to oppose noppression and tyranny similar to that of the past dictatorial regime.

APPENDIX B

Summary execution in violation of the right to life

The unabated killings in the country violate the basic right of man enshrined in the Philippine Constitution�s Bill of Rights, CARHRIHL�s Part III, Article 2, Section 4 which guarantees that everyone has the right to life, especially against summary executions (salvaging), involuntary disappearances, massacres, and indiscriminate bombardments of communities, and the right not to be subjected to campaigns of incitement to violence against one�s person.
Furthermore, Part IV Article 3, Section 1 provides that violence to life and person, particularly killing because of its political convictions, should be discouraged.
Certainly, Part IV Article 4, Section 4 affords that civilian population and civilians shall be treated as such and shall be distinguished from combatants.

APPENDIX C

Civil war- guiding principles and standards violated

Certainly, going by the principles and standards set by the international instruments of human rights guiding civil wars, the situation in Sta. Cruz, Davo del Sur, Talaingod, Davo del Norte, Brgy. Magangit, Maco Compostela Valley and in Paquibato Dist., Davgo City are classic examples of a government armed forces disregarding the safety and protection of its civilian population.

Thus, Karapatan SMR holds the Armed Forces of the Philippines liable for violating CARHRIHL�s Part III Article 2, section 15 which affords civilians the right not to be subjected to forced evacuations. Furthermore, CARHRIHL�s Part IV Article 4 section 4 which provides the right of civilian population and civilians to be treated as such and shall be distinguished from combatant was violated.

Also, CARHRIHL provisions particularly, Part III Article 2 Section 6 and Part IV Article 4 Section 4 provides the individual and collective right of the people and of communities to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and to effective safeguards of these rights against any illegal operations by GRP agencies. Furthermore, Part III Article 2 section 9 and Part IV Article 3 section 2 provides the right to substantive and procedural due process, to be presumed innocent until proven guilty, and against self-incrimination.

Lastly, the AFP violated Geneva Conventions Protocol II, Part IV, Article 13 which provides that �The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations,� CARHRIHL�s Part IV Article 12 cites that �Civilian population shall have the right to be protected against the risks and dangers posed by the presence of military camps in urban centers and other populated areas.�
APPENDIX D

The series of interrogation, harassments and grave threat suffered by Solitario and naiz from the AFP violates CARHRIHL�s Part III Article 2 Section 4 which provides right to life, especially against summary executions (salvagings), involuntary disappearances, massacres and indiscriminate bombardments of communities, and the right not to be subjected to campaigns of incitement to violence against one’s person.

CARHRIHL�s Part III Article 2 Section 5 which provides the right to liberty, particularly against unwarranted and unjustified arrest and detention and to effectively avail of the privilege
of the writ of habeas corpus.

CARHRIHL�s Part III Article 2 Section 7 which provides the right not to be subjected to physical or mental torture, solitary confinement, rape and sexual abuse, and other inhuman, cruel or degrading treatment, detention and punishment.

CARHRIHL�s Part III Article 2 Section 9 which provides the right to substantive and procedural due process, to be presumed innocent until proven guilty, and against self incrimination.

CARHRIHL�s Part IV Article 3 Section 1 which provides the right against violence to life and person, particularly killing or causing injury, being subjected to physical or mental torture, mutilation, corporal punishment, cruel or degrading treatment and all acts of violence and reprisals, including hostage-taking, and acts against the physical well?
being, dignity, political convictions and other human rights;

CARHRIHL�s Part IV Article 3 Section 2 which provides the right against holding anyone responsible for an act that she/he has not committed and punishing anyone without complying with all the requisites of due process.

For Reference:

Kelly M. Delgado
Secretary- General
Karapatan Southern Mindanao
Telephone number: 305-0824
Mobile number: 09203500069