We are writing to you from the UK-based Campaign for Human Rights in the Philippines (CHRP) on your visit to this country. CHRP UK recently attended the Universal Periodic Review (UPR) on the Philippines in Geneva last 29 June 2012 as an official delegate to the UPR Watch, a contingent of more than 10 civil society groups from the Philippines, and as a member of the International Coordinating Committee on Human Rights in the Philippines, a global network of human rights organisations.
We note from the GRP’s report a showcase of steps being taken to address human rights issues in the country such as the ratification of an “Anti-Torture Act” and discussions on the bill to enact the “Involuntary Disappearance Act.” While these are welcome developments, we are still largely concerned that the core issues of accountability, transparency and speedy justice are still left unanswered if we are to consider the very low conviction rate of perpetrators, the failure of the government to press charges and arrest those suspected of rights violations, and the effects of the Oplan Bayanihan program on community activists, church workers, journalists, lawyers, trade unionists and other human rights advocates in the country. We are also concerned with economic partnerships being forged between the UK and Philippines, which is one of the key aims of your visit, with current UK investments in the Philippines already casuing human rights abuses, such as the proposed mining project of Xstrata in Tampakan, where a recent fact finding mission saw increased militarization in the area and other rights infringements against tribal communities.
We support the country missions’ recommendations during the UPR to completely eradicate extrajudicial killings, enforced disappearances and all forms of human rights violations by taking decisive steps to hold accountable suspects of these ongoing cases, such as the call to arrest the fugitive Gen. Jovito Palparan, a primary suspect for the abduction of the two student activists who, to date, is still at large and nowhere to be found. We also back the endorsement of sending of Special Rapporteurs in the Philippines to further conduct impartial investigations on these human rights abuses cases, especially those involving state forces. CHRP UK will monitor these recommendations and will be continuing to raise awareness within the UK and international community that these steps are undertaken.
To date, there are already over 70 reported cases of extrajudicial killings since your government took office. There are still thousands of cases where families are seeking justice. We demand that you implement findings of the UPR to finally end the culture of impunity which allows these gross human rights violations to take place. We look forward to your response as regards measures you will take to address these issues.
Yours sincerely,
(sgd)
Rev Canon Barry Naylor
Honorary President
Campaign for Human Rights in the Philippines
Urban Canon and Parish Priest of the Abbey and Holy Spirit Ministries, Leicester
Karapatan Public Info Desk, Press Statement, June 6, 2012 – Human rights group Karapatan today held a picket at the gates of the House of Representatives as Congress resumed its probe on rights violations under the Aquino government, this time with the military testifying on several cases they were allegedly involved in.
Cristina Palabay, Karapatan spokesperson, called on members of the Human Rights Committee in Congress to hold the Armed Forces of the Philippines (AFP) accountable for the continuing rights violations in the country, contrary to its claims that the AFP was not involved in any rights violations cases in the first four months of 2012.
“Such braggadocio of the AFP bespeaks of their propensity to sow lies and, at the same time, terror on the people. Noynoy Aquino and the AFP however could no longer hide the fact that extrajudicial killings, enforced disappearances, torture and other rights abuses continue with impunity in the country. The international community has already spoken as 23 UN member countries expressed their concern and alarm on the human rights situation in the country during the recent Universal Periodic Review (UPR) on May 29,” she commented. Palabay was among the 15 delegates of the Philippine UPR Watch who lobbied, monitored and conducted activities on the UPR in Geneva, Switzerland.
Palabay also pointed out that the Aquino administration did not readily accept the recommendation of several foreign missions during the UN rights review to immediately disband paramilitaries, militias and private armies by revoking Executive Order 546, an Arroyo-issued decree institutionalizing the said state security forces as “force multipliers” purportedly to address insurgency and the peace and order situation in the country. Karapatan said the order has given free reign and legitimacy for paramilitaries and the AFP to commit grave acts of rights violations such as the Maguindanao massacre.
“Aquino and the AFP have promoted and continued the use of paramilitary forces such as the CAFGU and the Special Citizens Active Auxiliary (SCAA) aside from its regular force, in protecting big business interests and in sowing fear among the people. The SCAA has been involved in a number of rights violations cases such as the killing of Lumad leader Jimmy Liguyon who opposed the entry of mining companies in their ancestral lands,” she stressed.
The government, according to Palabay, has to take concrete measures to end impunity. “For one, the government must arrest Palparan and bring him to jail; Gloria Arroyo should also be made to answer for the thousands of cases of rights violations that were committed under her Oplan Bantay Laya. More importantly, the government must cease to implement Oplan Bayanihan which causes not only killings and disappearances but also the displacement of people from the communities because of intense military operations,bombings, strafing and indiscriminate firing. Aquino should likewise order the immediate disbandment of all paramilitary groups and the pull out of military troops in civilian communities,” she said.
Today’s hearing is the second conducted by the Committee based on several House resolutions filed by progressive partylist representatives Neri Colmenares and Teddy Casiño (Bayan Muna), Rafael Mariano (Anakpawis), Antonio Tinio (ACT), Raymond Palatino (Kabataan), Luz Ilagan and Emmi de Jesus (Gabriela Women’s Party). The first hearing was conducted in March which, covered cases of extrajudicial killing, arrests and detention, torture, threats, harassment and vilification by the Armed Forces of the Philippines, specifically in Northern and Central Luzon and the National Capital regions. Witnesses, survivors and families of the victims of rights violations testified during the said hearing.#
Reference: Cristina Palabay, Spokesperson, +639175003879
Angge Santos, Media Liaison, +63918-9790580
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.
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. ###
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
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.
5 June 2012
