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PH government hounded by persistent concerns on extrajudicial killings, disappearances and torture at UN rights review

ICHRP Secretariat
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PH government hounded by persistent concerns on extrajudicial killings, disappearances and torture at UN rights review
At the entrance: UPR delegates, Human RIghts violations victims and support groups cue early in the morning to attend the Philippines' Universal Periodic Review. From Left: Jacquiline Ruiz (Children's Rehabilitation Center), Melissa Roxas (torture survivor), Bai Ali Indayla ((KAWAGIB and Moro-Christian Peoples' Alliance), Ric Gacayan, Jr. (Campaign for Human Rights in the Philippines- United Kingdom), Jamima Fagta (CHRP-UK), Atty. Edre Olalia (National Union of Peoples' Lawyers) and Garry Martinez (Migrante International)

May 29, 2012 – GENEVA– As the Chief Justice of the Philippines was being handed down a verdict in the impeachment trial, the Philippine government was also undergoing a similar process of accountability, this time before the United Nations.

I-pad protest: End Extrajudicial Killings in the Philippines!, End Impunity!, Free all Political Prisoners! - the Filipino people speak out.

Around 69 countries quizzed the Philippine government on its human rights record, Tuesday May 29 in Geneva, Switzerland. The Philippines participated in the second cycle of the Universal Periodic Review of the United Nations Human Rights Council. One after the other, at least 22 countries expressed concerns on the continuing spate of extrajudicial killings, enforced disappearances and torture in particular, and impunity in general, according to the Philippine UPR Watch. Several countries also called on the Philippine government to dismantle all paramilitary groups and militias.

Delegates: Inside the session hall, delegates listen intently to the report and interactive dialogues between the Philippine mission and other state representatives

The Australian mission urged the Philippine government to arrest fugitive Gen. Jovito Palparan, who is wanted for the abduction of two UP activists. The UK, Spain and the Holy See called on the Philippine government to “completely eradicate extrajudicial killings”.

The United States said that “impunity in human rights violations” continued. It cited institutional barriers to the attainment of justice for victims of rights abuse. Ireland called for “decisive measures” to address the problems. Germany urged the strengthening of accountability mechanisms and the conduct of impartial investigations in cases involving state forces, reminding the PH government of the recommendations of Prof. Philip Alston, former Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions. The Netherlands asked that the issue of impunity be addressed and called for the prosecution, trial and conviction of perpetrators. Denmark called for the full implementation of the anti-torture law, saying that state forces are still involved in abuses.

Spain and Canada called for the dismantling of all paramilitary groups and militias, a position that has gained support after the Maguindanao massacre in 2009, with the latter mincing no words, saying that despite training programs on human rights for security forces, human rights violations are “still serious and all too widespread.” Belgium asked the PH government on measures to record cases of EJKs and urged the Philippines to ratify the convention against enforced disappearances. Austria expressed concerns over attacks on journalists and cases of torture.

France said it was “alarmed by extrajudicial killings and enforced disappearances and continuing violations against journalists and human rights defenders”. Japan echoed this, saying “extrajudicial killings continue as a significant political issue.”

The questions and comments from the foreign missions were directed to the Philippine government delegation headed by Philippine Justice Secretary Leila de Lima.

At least six countries meanwhile asked the Philippines to act on requests of UN special rapporteurs who want to visit the Philippines to examine the rights situation in the country. To this, de Lima remarked that they are still studying the requests and said the PH government cannot act on all requests because of alleged shortage in resources.

“We view the questions and statements of continuing concern by the different foreign missions as very telling. It shows even greater interest by the international community on the human rights situation. They know that the Philippine government has not lived up to its commitment to completely eliminate extrajudicial killings, enforced disappearances and torture. The language used may have been diplomatic, but clearly the international community wants the Philippine government to do more,” said Fr. Jonash Joyohoy of the National Council of Churches in the Philippines (NCCP) and co-head of delegation of the Philippine UPR Watch.

Present during the session were two Filipino human rights victims, Fil-Am activist and torture and disappearance survivor Melissa Roxas and Aklan municipal councilor Ernan Baldomero, son of slain councilor Fernando Baldomero, the first victim of extrajudicial killing under the Aquino administration.

Leaders from Karapatan, NCCP, Tanggol Bayi, NUPL, Bayan, KAMP, MCPA-Kawagib, Children’s Rehabilitation Center, Defend Job Philippines, Migrante, Cordillera People’s Alliance, Promotion of Church People’s Response, IFI-Ramento Project for Rights Defenders, Migrante International, International Coordinating Committee on Human Rights in the Philippines (ICCHRP) and Campaign for Human Rights in the Philippines-United Kingdom and CHRP-Switzerland also attended the session. Prior to the start of the session, the UPR Watch delegates flashed their I-Pads bearing calls to end extrajudicial killings and impunity in the Philippines.

“The questions raised by the foreign missions were nearly identical to the questions we have submitted to them prior to the UN session. Human rights defenders, the victims and their families have submitted reports that belie the overstated achievements of the Philippine government. We count 76 victims of extrajudicial killings since Aquino took office. While the PH government now claims a dramatic decline in the killings, – no thanks to its supposed efforts – our data shows that the PH government has not lived up to its commitment to eliminate these violations altogether,” said Karapatan chair Marie Enriquez.

Selective presentation of data

Atty. Edre Olalia, secretary general of the National Union of People’s Lawyers and also a UPR Watch delegate commented that the Philippine report was very selective in its presentation of data. “The report tends to highlight lesser achievements by gloating over showcase steps it has belatedly done while conveniently drowning the more essential issues such as the almost nil conviction rate of perpetrators of rights abuses, the failure of the Aquino government to press charges and arrest suspects, and the continuing effects of the government’s counter-insurgency program on the people. There is basically deafening silence from the GPH on all these issues,” he said.

Even on the issue of social and economic rights, the GPH report was very selective in its presentation, says Bayan secretary general Renato Reyes, Jr. “They highlighted so-called achievements in the conditional cash transfer program while glossing over rising poverty, unemployment and hunger,” Reyes said.

“While Aquino and his allies whoop it up in their victory in the Corona impeachment, human rights victims are still fighting for the longest time for accountability from a state that continues to commit and condone abuses with shameless impunity,” Reyes added.

At the end of the review, the whole Philippine UPR Watch, who were all seated in one long row inside the session hall of the Palais des Nations and wearing different pins with various calls for justice and accountability, simultaneously gave a thumbs-down sign of the Philippine report. ###

References:
Marie Hilao Enriquez
Fr. Jonash Joyohoy
Co-Heads, Philippine UPR Watch
0041767924973

Concrete actions, plain answers from the government needed to address impunity, legal factors contributing to continuing violations pointed out in UN forum

ICHRP Secretariat
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Concrete actions, plain answers from the government needed to address impunity, legal factors contributing to continuing violations pointed out in UN forum
National Union of Peoples'Lawyers' Edre Olalia (fourth from left) speaks in the 25 May side event while Christina Palabay (Tanggol Bayi), Renate Bloem (CIVICUS), Marie Hilao-Enriquez (KARAPATAN), Atty. Edre Olalia, Bai Ali Indayla (KAWAGIB and Moro-Christian Peoples' Alliance), and Hon. Ernan Baldomero (Municipal Councilor and son of 1st victim of EJK under Aquino's term) looks on.

Press Release, May 27, 2012 – “With a legal and judicial system engendering human rights violations, the structure that bred impunity is still very much in place,” Atty. Edre Olalia of the National Union of Peoples’ Lawyers (NUPL) and the International Association of Democratic Lawyers (IADL) said in a forum at the United Nations Human Rights Council (UNHRC) the other day in a side event running up to the review of the Philippines on May 29 under the Universal Periodic Review (UPR).

The side event at the Palais des Nations in Geneva , Switzerland was organized by the Philippine UPR Watch and several international NGOs. The NUPL, of which Atty. Olalia is the Secretary General, is a member of the Philippine UPR watch.
Atty. Olalia joined Filipino human rights defenders and victims during the side event and registered the continuing call to the government to take concrete and effective actions against the long-standing climate of impunity. “The administration has so far remained to be largely a passive spectator if not an uncaring onlooker,” he said.

“With that, victims and human rights defenders have their initiatives and courage to cling their hopes upon towards their pursuit to exact accountability and realize justice for the victims,” Atty. Olalia added.

There have been various legal actions that have been initiated but all of these were through the efforts of civil society organizations and human rights groups. This includes the criminal complaint and civil case for damages involving the illegal arrest, detention, and torture of the Morong 43, the criminal complaint against Ret. Maj. Gen. Jovito Palparan and his ilk regarding the disappearance of university students Sherlyn Cadapan and Karen Empeno, the complaint of Raymond Manalo against Gen. Palparan pending with the Office of the Ombudsman and the civil case for damages of the United Church of Christ in the Philippines (UCCP).

“While human rights organizations have taken up the cudgels in improving the human rights situation, the government has failed to do whatever little work is left with it,” Atty. Olalia said, referring to the Philippine Government’s failure to capture fugitive Gen. Palparan, the Philippine poster boy of impunity, despite months of manhunt and despite all its powers, resources and machinery.

Atty. Olalia shared an analysis of how the legal and judicial system through laws, jurisprudence and practices contribute to impunity. These include factors like the “criminalization of political offenses;” repressive jurisprudence like the Marcosian 1985 doctrine that renders a petition for habeas corpus unavailable by the subsequent filing of charges even if the arrest was illegal at the start because they are “cured” by such charges; abuse and ineffectiveness of the remedy of the writ of amparo; promotion of perpetrators despite serious and credible charges; the slow grind and unduly prolonged and cumbersome legal process; the lack of an honest-to-goodness police investigation that is impartial, objective, and thorough; and the fear of witnesses to come forward because they are not assured of their safety, security and welfare under present witness protection programs.

Atty. Olalia echoed the critique by the Philippine Human Rights Watch of the Report of the Philippine government: “We do not need those fancy and sophisticated schemes, bureaucratic agencies and mechanisms and even grandiose structures and plans (purportedly aimed at addressing the continuing violations.) We need clear, plain answers. We want justice. And we want it now,” Atty. Olalia added. #

Reference: Atty. Edre U. Olalia, Secretary General, +639175113373

Malacañang’s declaration of ‘significant decrease in EJKs’ will be put to test in the UNHRC-UPR—Karapatan

ICHRP Secretariat
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Malacañang’s declaration of ‘significant decrease in EJKs’ will be put to test in the UNHRC-UPR—Karapatan

Press Statement,May 25, 2012 – “It remains to be seen whether Malacanang’s spin that there is a ‘significant decrease in the cases of extrajudicial killings’ will work before the international community when the government delegation faces the  2nd cycle of the Universal Periodic Review on May 29,” said Marie Hilao-Enriquez, chairperson of Karapatan. Hilao-Enriquez heads the delegation of the Phillippine UPR Watch, which is currently in Geneva, Switzerland in time for the GPH’s 2nd UPR.

Hilao-Enriquez added that Malacanang’s statement is doubly offensive to the rights victims, both under the Aquino government and that of Arroyo’s. “It has essentially exonerated former President Gloria Macapagal-Arroyo by saying that the decrease in the killings started in 2008, a period still covered by Arroyo’s  bloody counter-insurgency program, Oplan Bantay Laya. As per Karapatan’s documentation, there were 212 victims of extrajudicial killings. At the same time, it is shows utter disregard to the aspirations for justice of the families of the 76 victims killed under President Aquino.”

The first EJK victim under the present Aquino dispensation was Fernando Baldomero, who was killed five days after Pres. Noynoy Aquino’s presidential inauguration. Baldomero was an elected municipal councilor and coordinator of Bayan Muna in Aklan, Panay Island.  Ernan Baldomero, son of Fernando Baldomero, is among the members of the Philippine UPR Watch delegation. Ernan is expected to raise the issue of his father’s killing and the continuing rights violations under the Aquino government.

Meanwhile, Karapatan spokesperson Cristina Palabay said that, “the UPR Watch delegation has met with and is continuing its meetings with country missions in Geneva to discuss with them the submissions of the various organizations that constitute the Phil. UPR Watch. Issues that are highlighted in these submissions are extrajudicial killings, enforced disappearances, forced evacuation and eviction and other rights violations that are mostly related to large-scale mining operations, landgrabbing and the current government’s Public-Private Partnership (PPP).”  The UPR Watch submitted to the UNHRC a parallel and alternative report on the human rights situation in the Philippines. The delegation is set to meet several other diplomatic missions in Geneva as they gear up for the review next week.

“The GPH claims on the supposed decrease of killings and human rights violations in the past four years are one of the biggest understatements by the Aquino administration. With 76 victims of EJKs under Noynoy and zero justice for victims of human rights violations, the GPH has zero credibility when it speaks of its compliance to its political and civil rights treaty obligations,” Palabay commented.

Palabay said that some of the mission representatives “were surprised when they learned that rights violations continue unabated in the country as the Aquino government spew their deceptive rhetorics on human rights”  The UPR Watch delegation is “serious about getting our message across: that the Armed Forces of the Philippines, and the Aquino government in general, has zero credibility to claim that there are no rights violations in the country today,”  added Palabay.

Karapatan today held a rally at the Department of National Defense (DND) to underscore the fact that there are more than 26,000 victims of forced evacuation in the countryside due to military operations that include bombings, indiscriminate firing, strafing and harassment of people in the communities. Earlier, Karapatan expressed its intent to submit complaints to the UN Special Rapporteur on Internally Displaced Persons, specifically the recent evacuation in Mindanao, in areas where there is large-scale mining operations. ###
Reference:Marie Hilao Enrique,Chairperson, 0917-5616800
Cristina Palabay, Spokesperson, 0917-5003879
Angge Santos, Media Liaison, 0918-9790580
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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.

UN foreign missions receptive of reports and accounts of human rights victims and defenders

ICHRP Secretariat
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UN foreign missions receptive of reports and accounts of human rights victims and defenders

May 25, 2012 – Geneva – The delegation of the human rights civil society group Philippine UPR Watch has received a receptive audience among various foreign missions on their visit to the United Nations Human Rights Council 13th session of the Universal Periodic Review (UPR) in Switzerland.

The lobbying effort of the Philippine UPR Watch composed of 15 human rights and peace groups as well as church and mass organizations from the Philippines and abroad has been received positively by a diverse list of foreign dignitaries who have commonly expressed their keen interest to know more about the real state of human rights in the Philippines.

A significant number of foreign missions that have candidly discussed issues and questions with the various teams of the Philippine UPR Watch delegation have signified their concern about the compliance of the Philippine government with its commitment and pledges to the recommendations on the first cycle of UPR in 2008 as well as other undertakings it should fulfill. Seventy one countries have listed up to make statements, ask questions and make recommendations to the Philippine government on a wide array of outstanding human rights issues when the latter comes under scrutiny on Tuesday, May 29.

The foreign missions have assured the delegation that they will take into serious consideration all the concerns raised by the Philippine UPR Watch and counterpose these with the official national report of the Philippine government. The recurrent points that surfaced through the face-to-face interactions with the foreign missions include the continuing extrajudicial killings, forced disappearances and torture, impunity, the rights of women and children, militarization of indigenous communities and other pressing issues.

In between bilateral meetings with the foreign missions, the delegation has also been meeting with various representatives of the UN special procedures, rapporteurs and treaty monitoring bodies as well as a diverse array of international NGOs.

The UPR is a process where all United Nations members are subjected to a review every four years of their compliance with international human rights instruments and their commitments and pledges.

Marie Hilao-Enriquez, co-head of the Philippine UPR Watch said that after four years since the UPR was instituted by the Human Rights Council in 2008, the Philippine government has largely failed to fulfill its promises in the 1st UPR cycle since various forms of human rights violations continue and impunity still remains, noting that practically no one has been held to account and that the Pnoy administration has remained passive if not indifferent to the demands for justice for the victims.

Today, May 25, the group will be conducting a forum at the Palais des Nations at the UN as a side event dubbed “Telling It As It Is”: Articulating the Philippine Human Rights Situation in the UPR Process, where human rights victims and defenders will speak about their experiences, analysis and recommendations.

The Philippine UPR Watch delegation in Geneva is made up of leaders and representatives of the National Council of Churches in the Philippines, Karapatan, Tanggol Bayi, Bagong Alyansang Makabayan, National Union of Peoples’ Lawyers, Promotion of Church People’s Response, Migrante International, Cordillera Peoples’ Alliance, Iglesia Filipina Independiente, Kalipunan ng mga Katutubo ng Pilipinas, Kawagib/Moro Christian People’s Alliance, Children’s Rehabilitation Center, Defend Job Philippines, and Hustisya. They are joined by representatives from the International Committee on the Campaign for Human Rights in the Philippines, Bayan-USA, Migrante-Switzerland, and ICCHRP-United Kingdom.

Reference:
Marie Hilao-Enriquez
Fr. Jonash Joyohoy
Co-Heads, Philippine UPR Watch
Contact Number: +41 76 792 4973; +63917 561 6800

Email: peoples.upr@gmail.com

—————————————–
PUBLIC INFORMATION DESK
publicinfo@karapatan.org
—————————————–
Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.

Groups go to UN to dispute Aquino government claims on rights situation

ICHRP Secretariat
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Groups go to UN to dispute Aquino government claims on rights situation

Thursday, 24 May 2012, CEST GENEVA – Philippine human rights activists have arrived in Geneva, Switzerland in time for the second cycle of the United Nations’ Human Rights Council Universal Periodic Review (UPR).

Philippine UPR Watch delegation meets with representative from the Norwegian mission

The Philippines is scheduled to be reviewed on May 29. The UPR will review the national report of the Philippine government and measure it against its pledges and commitments during the 1st cycle of the UPR and when it applied for membership in the UN Human Rights Council.

Philippine UPR Watch co-head, Marie Hilao-Enriquez, presents continuing violations under the Aquino government

Fifteen civil society groups belonging to the Philippine UPR Watch are represented by leaders and members of mass organizations in the Philippines while Filipino expatriates came from the United Kingdom, United States and The Netherlands from the International Coordinating Committee for Human Rights in the Philippines (ICCHRP).

Simultaneous meetings with mission representatives from Sweden and Portugal

The Philippine UPR Watch continued to vigorously lobby with the 71 countries that have signed up to question the Philippine government with its compliance to implement the recommendations put forward by 14 countries during the first cycle of the UPR held in 2008. The group has also been raising the government’s other unfulfilled commitments and ignored recommendations particularly put forward by the former UN Special Rapporteur Philip Alston.

Azerbaijan mission representative takes notes from UPR Watch presentations

The various Missions that the Philippine UPR Watch spoke with so far have expressed keen interest and serious concern on the continuous human rights violations committed by the state security forces and its paramilitary groups including extrajudicial killings and forced disappearances, torture, intense militarization in the farmers’ and indigenous people communities to pave way for mining operations, migrant and children’s rights and the curtailment of other civil and political rights that are perpetrated alongside violations of economic, social and cultural rights.

Chilean representative meets with UPR Watch delegates

Karapatan chairperson Marie Hilao-Enriquez, co-head of Philippine UPR Watch, said that under the administration of President Benigno Simeon C. Aquino III, the human rights situation in the country has not essentially improved. The human rights violations committed by the previous government of President Gloria Macapagal-Arroyo have not been addressed and worse, they continue to occur under Aquino’s administration as institutionalized by the government’s counter-insurgency program Oplan Bayanihan.

Slovenian representative listens intently to UPR Watch

Hilao-Enriquez assailed the Aquino government downplaying of the human rights cases and misleading claims of compliance to the recommendations of the countries since the UPR meeting in 2008.

She also scored Malacanang in its reported plan to create another task force purportedly to address the continuing violations, saying that the victims do not need another task force on top of the multiple others already existing. These task forces have not concretely resolved the abuses but turned out to be passive yet inaccurate collators of information, formal deodorizers and elegant smokescreens for the government’s utter failure to stem impunity after all these years, she added.

The Philippine UPR Watch delegation in Geneva is made up of Marie Hilao-Enriquez (Karapatan), Cristina Palabay (Tanggol Bayi), Renato Reyes (Bagong Alyansang Makabayan),  Atty. Edre Olalia (National Union of Peoples’ Lawyers), Nardy Sabino (Promotion of Church People’s Response), Garry Martinez (Migrante),  Beverly Longid (Cordillera Peoples’ Alliance), Argee Malayao (Kalipunan ng mga Katutubong Mamamayan ng Pilipinas), Bai Ali Indayla (Kawagib/Moro Christian People’s Alliance), Jaquiline Ruiz (Children’s Rehabilitation Center), Melona Daclan (Defend Job Philippines), Ernan Baldomero (Hustisya), and Rev. Fr. Jonash Joyohoy (Ramento Project for Rights Defenders).
They are joined by Dr. Angelica Gonzales (International Coordinating Committee for Human Rights in the Philippines), Melissa Roxas (Bayan-USA), Maribel Mapanao (Campaign for Human Rights in the Philippines-Switzerland), and two other delegates from the Campaign for Human Rights in the Philippines – UK.

Reference:
Marie Hilao-Enriquez
Co-Head, Philippine UPR Watch
Contact Number: +41 76 792 4973
Email: peoples.upr@gmail.com

 

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