Assignment in Comparative Human Rights Law

Session 2
‘The Use of Human Rights for the Protraction of War’ (Quimpo)
Chapter Summary
Submitted by
Joselito C. Manuel

Quimpo’s essay in a nutshell basically says that neither the CPP-NPA-NDF and the
Republic of the Philippines, well, the people that run the government then, is really keen on
their so called push for peace talks and actual reform. Protraction. Prolonging. Making
longer. Delaying. Each side, according to Quimpo, has not demonstrated genuine sincerity
to the process. Each just pushing their respective agendas out back or along the sides while
putting up participation in the peace talks up front for optics.
In Casiple’s essay, the proponents of human rights, the National Democratics or
NatDems, take to the streets, in protest of the atrocities of the then Marcos Regime. He said
that the CPP is instrumental in helping build the human rights movement, and therefore
deserves the gratitude of the Filipino people. That is until the 1986 EDSA Revolution. When
Cory Aquino and her fight for ‘human rights’ started, taking up the reins from the CPP,
caused a split within their ranks, stumped on how to advance their diplomatic struggle. He
went as far as saying the CPP is attempting to co-opt, or divert, the use of human rights to
their own political agenda. Siding whomever who is espousing human rights, however
apolitical human rights is.
In Quimpo however, the approach is quite different. Each side, whether the
Government or the CPP-NPA-NDF, each is out to destroy the other through Military Might.
In Quimpo’s words, peace talks are just a ‘tool’ war. A mere ploy to delay the inevitable:
armed conflict. For the CPP-NPA-NDF, the peace talks are just a means to achieve
‘belligerency’ status to gain worldwide audience. Through revolutionary struggle. The
government on the other hand, also not serious in its position in the peace talks, prolong it to
advance the political agenda of whomever is sitting at the time. Meanwhile, each side, while
the by-words are peace talks and cease-fire, continue war mongering with each other. While
the natdems use ‘diplomacy’ (and assassinations by the Sparrow Unit), the government is
using all-out-war, total-war, counter-insurgency, and war on terror.
Each of their representatives having the time of their life in Brussels in the protracted
process.
The Natdems, led by Sison at that time, moving away from Baylosis’s position to
align (or even exploit) with upper echelons to advance their agenda, push for the universality
of human rights, saying that Baylosis’s approach recognizes classes too much as to erase the
universality of human rights akin to violating human rights itself. The Government has a
different approach. The agreement between the Natdems and Government, the CARHRIHL,
while being superfluous, being the points agreed upon there are already included in the
treaties in which the RP already are signatories, proved to be a contentious one. Since this is
the period of 9/11 attack in the US, the CPP-NPA was tagged to be terrorist, only to be
removed if it forges a peace pact with the RP, reiterating that the joint monitoring council
(JMC) for human rights, should be as the government is the sovereign power in the country
(state) is should be the sole implemtor. However, Natdems claims there are more complaints
in the JMC on human rights violations against the government vis-à-vis the NatDems. The
government claiming the Natdems are whitewashing and refuse to submit to investigation on
their own torture and killings.
Quimpo’s criticism ventures that the government needs much more than just skill and
imagination in the negotiations. As long as the Philippines (its government) does not shed its
patrimonial oligarch character, it will be difficult for it to achieve moral high ground, it being
accused of human rights violations itself and with the NatDems resorting to violence too,
considered as terrorists. With the government, changing panel each time a new
administration comes in, Natdems maintaining the same panel, it is not gaining any upper
hand.