links: https://www.afp.mil.ph/index.php/8-afp-news/963-hr-principles-upheld-due-to-the-abrogation-of-the-up-dnd-accord
HR Principles Upheld due to the Abrogation of the UP-DND Accord
CAMP AGUINALDO, Quezon City – The UP-DND Accord of 1989 was abrogated by the DND Secretary for the simple reason that the operations of the AFP and PNP as protector of the people, should not be hampered by a one sided obsolete contract. The DND has acted within the ambit of its mandate in revoking such agreement since police power of the State cannot be bargained through any form of contract.
In a statement, Colonel Nacnac, the Chief of AFP Human Rights Office said, that this Accord has given special treatment to UP for more than thirty years. In one way or another, it prevented State forces to protect the rights of the students from being recruited by the terrorist CPP- NPA- NDF. As such, human rights principles were upheld due to the abrogation. The AFP has no intention of putting military camps inside any of the UP campuses nor to suppress activist groups. Never that the AFP intervened in the holding of any non-violent protest activities against the government.
“The Commission on Human Rights should not be alarmed by the withdrawal of the DND from the Accord. The AFP is not a suppressor of civil or political rights but a protector of human rights. The AFP’s satisfaction rating based on the 4th quarter 2020 Social Weather Stations Survey Report rose to 82% from 79% on the previous survey conducted in 2019. It is an indication that the people have much confidence in the performance of the AFP”, he added.
Freedom of expression and the right to peaceful assembly are always respected by the AFP since it is provided under Article 19 and 20 of the Universal Declaration of Human Rights (UDHR) and also embodied under the Philippine Bill of Rights. The AFP, as protector of people’s rights has a solemn duty to respect it and the eyes of the AFP Human Rights Office is always open to see to it that these rights of the people are respected by the military.
On academic freedom, Article 26 of the UDHR provides for the people’s right to education. That is why in all State universities like UP, free tuition fee is provided by the government to the so-called Scholars of the State. These young scholars should be studying in a conducive and communist-free environment.
“In fact, academic freedom should not have been made as an issue in the said abrogation because it has been jurisprudentially settled in the case of Cudia vs. Superintendent of the PMA, February 24, 2015 and reiterated by the Supreme Court in the case of Raymond Son, et.al vs UST, April 18, 2018, that academic freedom encompasses the freedom of the school to determine for itself on academic grounds: 1. Who may teach; 2. What may be taught; 3. How it shall be taught; and 4. Who may be admitted to study. With this, the abrogation of the UP-DND Accord does not curtail such freedom as UP will still be able to execute these rights even without such agreement and there is no human rights violation committed against the students and faculty members of UP”, Colonel Nacnac said.
“As part of the police power of the State, the government has a duty to protect the youth from being deceived, used and conscripted by communist radicals and eventually become members of the CPP-NPA. Members of the CPP-NPA can freely roam around inside these universities while the government force has to give prior notice before entering the campus. They took advantage and used this accord as a shield that prevents the police and the military from conducting operations against them”, Colonel Nacnac said.
“Recently, the AFPHRO consolidated reports from military units and submitted to the CHR, UN coordinator to the Philippines, OHCHR representative, UNICEF, DFA UNIO, CWC and DOJ for their appropriate action a list of 544 Children Involved in Armed Conflict who were employed by the CPP- NPA- NDF in their ranks to combat against the State. The list of former UP students who died during combat encounters reinforces the fact that recruitment indeed took place when they were minors,” he added.
The AFP does not diminish nor undermine the rights guaranteed to the Filipino people. We assure the UP administration and the citizenry that the AFP shall always respect human rights and uphold the rule of law./// (From the AFP Human Rights Office)
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