On the occasion of President BENIGNO SIMEON C. AQUINO III’s last State of the Nation (SONA) address, the International Coalition for Human Rights in the Philippines (ICHRP) will be highlighting the outcome of the The International Peoples’ Tribunal on Crimes of the US-Aquino Regime Against the Filipino People (IPT2015) to counter the false claims about economic and social progress that President Aquino is expected to deliver.

The International Peoples’ Tribunal on Crimes Against the Filipino People was convened by the International Coalition for Human Rights in the Philippines, IBON International, International Association of Democratic Lawyers, and the National Lawyers Guild. IPT2015 was held in Washington D.C. on July 16-18, 2015, and the Verdict was delivered to the Philippines Embassy, who refused to accept the document, as well as the White House on July 20, 2015, by rallies of participants in the IPT2015.

The distinguished international panel of Jurors that presided over the IPT2015 – Attorney Azadeh Shahshahani, Attorney Camilo Pérez-Bustillo, Prof Pao-yu Ching, Rev Michael Yoshii, Ms Mary Boyd, Rev Molefe Tsele, and Rev Malcolm Damon – ultimately found defendant Benigno Simeon C. Aquino III and defendant Government of the United States of America, represented by President Barack Hussein Obama II:

1. GUILTY of gross human rights violations involving the civil and political rights of the Filipino People, for committing extrajudicial killings, disappearances, massacres, torture, arbitrary arrests and detentions as well as other vicious, brutal and systematic abuses and attacks on the basic democratic rights of the people;
2. GUILTY of gross and systematic violations of human rights, particularly economic, social and cultural rights of the Filipino people through the imposition of neoliberal “free market” globalization to exploit the people; transgression of their economic sovereignty and plunder of their national patrimony and economy; and attacks on the people’s livelihoods  and the destruction of the environment; and
3. GUILTY of gross and systematic violations of the rights of the people to national self-determination and liberation through the imposition of the US war of terror and US military intervention; as well as the perpetration of crimes against humanity and war crimes; misrepresentations of the people’s right to national liberation and self-determination as “terrorism” and the baseless “terrorist” listing of individuals, organizations and other entities by the US and other governments.

The verdict was reached after 32 witnesses, made up of survivors, family, friends, and experts, presented a compelling case of complicity, collusion, responsibility, and liability for gross, massive, and systematic human rights violations against the Defendants. The 17 witnesses in Washington D.C., 10 in Manila, 5 via video depositions, represented 34 cases. Documents on 29 additional cases were also submitted.

Although ultimately a political mechanism, the Tribunal was conducted consistent with established judicial procedure. The Defendants – President Benigno S. Aquino III, the Philippines Government and the Government of the United States of America, represented by President Barack Hussein Obama II of the United States Government, the IMF, World Bank, WTO, multinational corporations and foreign banks doing business in the Philippines – were duly notified of the indictment to provide a defense. This option was not taken up.

The Prosecution team was led by Ramsey Clark and supported by a team of lawyers from the Philippines National Union of People’s Lawyers, Belgium, the USA and Canada.

The Jurors agreed that the Prosecution satisfied the burden of proving that the Defendants, in concert with each other, willfully and feloniously committed gross and systematic violations of Filipino people’s basic human rights.

The Jurors found it undoubtedly proven that state security forces were involved in the spate of extrajudicial killings, massacres, and enforced disappearances in the Philippines. The pieces of evidence singly, and independently, confirm that these incidents are not isolated but state-sponsored, part of a policy deliberately adopted to silence the critics of the government.

Additionally, the Jurors found Defendant Aquino and the Philippine government disempower the people with faulty and failed economic policy. Opportunities in the Philippines are shrinking, the prices of goods are ballooning, social services are eluding the reach of the ordinary Filipino. The Philippines government unabashedly surrendered its national patrimony and sovereignty to corporate entities in important industries, particularly and most especially in mining. Agricultural and industrial development are marginalised.

Lastly, the Prosecutors convinced the International Peoples’ Tribunal of the interventionist policies in the Philippines and in Asia by the defendant United States government. Various military operations under Defendant President Aquino have resulted in crimes against humanity and war crimes.

The nexus between the culpability of Defendant Aquino and the role and participation of Defendant United States government for gross and serious violations of civil, political, social, economic and cultural rights and the right of the Filipino people to national self-determination and liberation is borne by the facts and the evidence fully established during the Tribunal.

The Verdict called on the Defendants to undertake, and the People to pursue proper remedial measures to prevent the commission or continuance of such illegal and criminal acts, to repair the damages done to the Filipino people and their environment, compensate the victims and their families for their atrocities, and to rehabilitate the communities, especially indigenous communities that have been destroyed by the criminal acts of the Defendants.

It encouraged us to seek redress, to pursue justice, and to construct a global order founded on full respect for the rights of all peoples, everywhere.

The IPT truly enlivened the movement for human rights in the Philippines and aided in a strong projection of this concern into the international community.

A complete version of this Verdict shall be made available on http://InternationalPeoplesTribunal.org

References:

Peter Murphy (Australia)
General Secretary, ICHRP Global Council
IPT 2015 Co-convenor.

Canon Barry Naylor (UK)
Chairperson, ICHRP Global Council
IPT 2015 Co-convenor

Katrina Abarcar (US)
ICHRP Global Council
IPT 2015 International Coordinating Secretariat (ICS)

Bern Jagunos (Canada)
Deputy Secretary, ICHRP Global Council
IPT 2015 ICS

Angie M. Gonzales (the Netherlands)
Coordinator, ICHRP
IPT 2015 ICS

National Union of Peoples’ Lawyers

The recent Findings and Conclusions of the International Peoples’ Tribunal (IPT) credibly adjudging President BS Aquino and his government guilty of rights violations lay further basis for him to face the music when he steps down. It validates what the people want: justice and accountability, self-evident principles the traditional legal fora have basically failed to deliver.

Thus, the clear and present danger is not a yearly rally by the discontented and disgusted hoi polloi during the alas final State of the Nation Address by the chief lord of a fascist government but the denial of a basic right to peaceably assemble, the exercise of which has been proven over the course of history to make things happen for the good of the oppressed and exploited many.

So when the Ombudsman has after  a long wait finally indicted the epitome of impunity  in the person of Gen. Palparan in another horrible case of rights violations, it is more of an indictment of our justice system even as we grudgingly welcome it anyway. Yet this will never salvage President Aquino for his own crimes against the people.

So he can still run his last year in office on either of these choices: ride it through, remain stubborn and out of touch. Or he can mitigate his accountability by rethinking, nay just thinking, of what good he can really do to the people. Keep it simple, sir.

Reference:
Edre U. Olalia
Secretary General
+639175113373

—

National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Telefax no.920-6660
Email addresses: nupl2007@gmail.com
and nuplphilippines@yahoo.com

Follow us on twitter @nuplphilippines
and facebook @https://www.facebook.com/nuplphilippines
Visit the NUPL website at http://www.nupl.net/

By VANESSA K. LUCAS
Chairperson, Philippines Subcommittee of the International Committee
National Lawyers Guild

The National Lawyers Guild, as a convenor of the International People’s Tribunal (IPT), wishes to respond to the comments made by Ms. Loida Nicolas Lewis on Balitang America following  the verdict of the IPT finding the Aquino and US Governments are:

1. GUILTY of gross human rights violations involving the civil and political rights of the Filipino People, for committing extrajudicial killings, disappearances, massacres, torture, arbitrary arrests and detentions as well as other vicious, brutal and systematic abuses and attacks on the basic democratic rights of the people;

2. GUILTY of gross and systematic violations of human rights, particularly economic, social and cultural rights of the Filipino people through the imposition of exploitative, neoliberal, “free market”  globalization; transgression of their economic sovereignty and plunder of their national patrimony and economy; and attacks on the people’s livelihoods  and destruction of the environment; and

3. GUILTY of gross and systematic violations of the rights of the people to national self-determination and liberation through the imposition of the US war of terror and US military intervention; as well as the perpetration of crimes against humanity and war crimes; misrepresentations of the people’s right to national liberation and self-determination as “terrorism” and the baseless “terrorist” listing of individuals, organizations and other entities by the US and other governments.

Ms. Lewis claims that the Defendants were not given their day in court. However, she fails to mention that the Defendants were served the indictment by certified mail, return receipt requested, through the Embassy of the Philippines, the US State Department, the International Monetary Fund, the World Bank and the World Trade Organization on July 6, 2015. The Defendants were given an opportunity to submit an answer in writing and/or appear personally to answer the charges. The Defendants were asked to respond as to if and how they would participate. They were informed that a failure to do submit and answer would be deemed as a waiver of the right to present a defense.  The IPT program gave time for the defense to make appearances and present evidence. While due process was followed and the Defendants had the opportunity to be heard, they chose not to exercise that right.

Ms. Lewis further attacks the tribunal by asking where they were during the time of Gloria Macapagal-Arroyo. This is ill-informed as not only does the IPT touch on the issues of violations by Arroyo that are being carried on through Aquino’s regime, but shows her ignorance to the 2007 Permanent People’s Tribunal in March 2007 in The Hague which deliberated on an indictment against the Arroyo regime and US Government.

Ms. Lewis attacks the credibility of the IPT. The jurors that deliberated on the indictment are well respected lawyers, academics, award winning social activists and church leaders with exemplary backgrounds. They heard witnesses testimony and reviewed and found credible documentary evidence. Ms. Lewis has no counter to the allegations by witnesses and brings up no argument that the witnesses are less than credible, but only makes empty accusations.

Further, Ms. Lewis tries to distract from the purpose of the tribunal by bringing up issues with China’s influence in the Philippines that are outside the scope of the indictment and witness testimony. Ms. Lewis goes on to verbalize her support of the EDCA, which puts her obviously on the side of the Aquino and US government.

Ms. Lewis is incorrect. This IPT will have an impact. She fails to realize that the majority of Filipinos do not live her lavish lifestyle and are being greatly harmed by the current regimes’ policies. Ms. Lewis also fails to realize that the international community cares about the people of the Philippines and will make their voices heard. The NLG invites Ms. Lewis and/or those representing her views to discuss further the findings of the IPT with the NLG and fellow conveners of the IPT in a public forum.

Sincerely,

Vanessa K. Lucas
Chair Philippines Subcommittee of the International Committee
National Lawyers Guild
vanessa@edelsteinpayne.com

IPT Opening Day, Report on Service of Indictment:
https://www.youtube.com/watch?v=GnCeuC3gXNI