E/CN.4/2003/90/Add.3
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52.
To date, peace negotiations between the Government and rebel groups have not been
successful. The Special Rapporteur calls on all parties to the conflict, particularly the
Government, to respect fully the provisions of international humanitarian law concerning the
rights of civilians in armed conflict. He further considers that the resumption of peace
negotiations between the Government and the insurgents is of the highest priority for the
adequate protection of the human rights of indigenous peoples who often find themselves
literally and metaphorically in the crossfire of this long-standing conflict.
53.
There are also reports of harassment of indigenous human rights defence organizations.
For instance, the offices of an indigenous human rights organization in Butuan, Mindanao, were
ransacked and documents were pilfered. It is believed that this illegal search was designed to
prevent the organization from presenting to the Special Rapporteur documents denouncing
human rights violations, which had been prepared in anticipation of his visit. There have also
been reports of 10 raids and 3 attempted raids, mainly in Baguio City, against several human
rights NGOs and homes of human rights advocates. In San Luis, it was reported that there is a
growing trend towards harassing NGOs or support groups, or even government officials working
with indigenous communities. For instance, the military and CAFGU took measures to
undermine the integrity of the Catholic sisters and staff of the Religious of the Good
Shepherd-Tribal Filipino Ministry, which has been working with indigenous communities
for 24 years, and forced them out of local communities.31
D. Remedial measures for human rights violations
54.
Prompt and effective remedial measures for human rights violations constitute, by
themselves, a human right. In principle, indigenous peoples can bring their grievances before
authorities at the local (barangay), municipal and national levels. They can - and do - appeal to
the highest echelons of the army and the police, to NCIP and to the National Commission on
Human Rights. Through their friends and supporters in the human rights NGOs, the churches
and other instances, some of them have been able to bring their cases to the courts. And yet the
Special Rapporteur kept hearing complaints about insufficient remedial measures taken by the
national authorities to remedy human rights violations. Indigenous peoples believe that their
voices have not been adequately heard nor their situation remedied by the authorities. This has
created a looming “protection gap” in the human rights protection system for indigenous peoples
in the country.
55.
As a result of multiple complaints, the House of Representatives of the Republic of the
Philippines passed House Resolution No. 295 in November 2001 directing the House Committee
on Civil, Political and Human Rights to conduct an investigation into the numerous cases of
human rights violations in Mindoro Oriental and other areas that were allegedly committed by
Task Force Banahaw (Rizalde) of the Armed Forces of the Philippines deployed in the southern
Tagalog region. It also recommended appropriate legislation to address, prevent, monitor and
punish violations of human rights, as well as measures to provide for indemnification,
rehabilitation and restitution for all victims and their families. The findings of the investigation
are not known to the Special Rapporteur.