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Lawmakers have called for a congressional probe into the alleged practice of the Armed Forces of the Philippines (AFP) of using public schools buildings and barangay halls as their command post in launching military operations against the rebels in many parts of the country. Reps. Emmi De Jesus and Luzviminda Ilagan (Party-list, Gabriela), Teddy Casiño and Neri Colmenares (Party-list, Bayan Muna), Raymond Palatino (Party List, Kabataan) and Antonio Tinio (Party-list, Act Teachers) filed House Resolution 1549 urging the House Committees on Welfare of Children and Basic Education to conduct an investigation on the allegation to stop what they described as an “attack on schools.”

De Jesus said the Geneva Convention prohibits any armed group from targeting schools and hospitals in their military operations.

"The UN Security Council passed Resolution 1612 which establishes a monitoring and reporting mechanism, especially on six grave children's rights violations, which include, among others, attacks on schools or hospitals," De Jesus said.

De Jesus cited the annual report on children by United Nations Secretary-General Ban Ki-moon who expressed concern over the attacks on schools and hospitals by soldiers and security forces in the Philippines and other countries.

De Jesus said the report cited the occupations of Filipino soldiers and members of paramilitary CAFGU (Citizens Armed Force Geographical Unit) in public school buildings using them as barracks and command centers.

"This practice of the AFP and CAFGU units in the past administrations are still being done under the Aquino government," De Jesus said.

De Jesus, Vice Chairperson of the House Committee on Population and Family Relations, cited the incident in Barangay Calantas, Batangas on August 20, 2010, where elements of the 740th Combat Group of the Philippine Air Force used the barangay hall and day care center as military command post.

Likewise, on September 13, 2010, soldiers from the 50th Infantry Battalion used the Barangay Hall of Barangay Conconig East, Santa Lucia, Ilocos Sur as their command post which is beside a barangay day care center, De Jesus said.

De Jesus said on November 27, 2010, soldiers of the 73rd IB entered the Blaan Literacy School and Learning Center (BLSLC), Sitio Dluman, Barangay Upper Suyan, Malapatan, Saranggani Province and used its rooms as their barracks.

Furthermore, on June November 27, 2010, members of the 67th IB, 25th IB, and Scout Rangers used the schools buildings at Sitio Hulid, Baranagy Aragon in Cateel, and Davao Oriental as their barracks. The soldiers also used the school houses in Sitio Mambusao, Bgy. Ngan, Compostela and Bgy. San Jose, Nabunga and Caatihan as their command posts.

De Jesus cited Republic Act 7610 which provides for stronger deterrence and special protection against child abuse, exploitation and discrimination. The law enacted in June 17, 1992.

De Jesus said RA7610 also asserts that public infrastructure such as schools; hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks detachments, and supply depots.

"A number of these schools under attack cater to children of indigenous communities who otherwise have difficult access to education, and that these schools are modeled after the Alternative Learning System promoted by the Department of Education," De Jesus said.

"Customary norm of international law applicable in all conflict situations specify that deliberately targeting schools or hospitals in the absence of military necessity is prohibited under the general legal principle that civilian objects must be distinguished from legitimate military objectives and protected against the consequences of military operations," De Jesus added.



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