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NY-based group dissatisfied with govt campaign vs rights abuses

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A New York-based human rights group on Tuesday criticized President Benigno Aquino III for allegedly not doing enough to provide justice for human rights abuses, eradicate private armies and address the culture of impunity by the police and military organizations.

In its 2011 report, the Human Rights Watch (HRW) said that after seven months into his presidency, Aquino “has taken insufficient steps to make perpetrators of killings and other abuses accountable.”

“President Aquino came to office promising that human rights would be a top priority,” said HRW deputy Asia director Elaine Pearson. “But talk is cheap, so long as security forces remain unaccountable for violent abuses.”

In its World Report 2011, HRW described the Philippines as a multiparty democracy with a thriving civil society and vibrant media, but observed that law enforcement agencies and the justice system remain weak, and the military and police commit human rights violations with impunity.

It also noted that “no significant progress has been made in hundreds of political killings that have occurred over the past decade.”

However, it took exception on the trial of Andal Ampatuan, Jr., a former mayor in Maguindanao province, and several others linked Nov. 23, 2009 massacre of 57 people, including 32 media workers in Ampatuan town, Maguindanao.

The HRW said that since Aquino took office, more than 20 leftist activists have been killed, and that even the international community led by the United Nations, European Union, and the United States, had scored the Philippines’ dismal human rights record.

A local rights group Karapatan claimed that 1,118 extrajudicial killings and more than 200 enforced disappearances were documented in the Philippines between 2001 and October 2009.

“Aquino has not fulfilled his campaign promise to take action against other ruling families who use militias and police as their private armies,” the HRW said.

Task forces were created to examine two private armies elsewhere in the country, but this has not resulted in any further action, the HRW said.

HRW’s Pearson, meanwhile, hailed Aquino’s December order to drop charges against the so-called “Morong 43,” saying it “sends a proper message to the military and police that mistreatment of suspected rebels undermines counterinsurgency efforts.”

In February 2010, the army and police arrested 43 men and women in Morong, Rizal province, and for 36 hours kept them blindfolded and refused them legal counsel. Following Aquino’s order, 35 were released in December.

Three men who face separate criminal charges remain in jail while two men and three women who have admitted to being communist rebels and chosen to enroll in the government’s integration program are still in military custody.

But rather than investigating the allegations of abuse, Pearson lamented that the military granted awards to two officers who led the arrests.

Pearson also cited the two new laws on torture and war crimes that were enacted in late 2009, which will assist prosecutions of government officials implicated in criminal acts.

“New laws on torture and war crimes provide valuable tools for combating abuses. But real progress in professionalizing the army and police will only happen if these laws are put to use,” Pearson said. — LBG/KBK, GMANews.TV

Radioman shot dead in Palawan

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Philippine Daily Tribune Online, 01/25/2011

A hard-hitting radio commentator was shot dead in Puerto Princesa City, Palawan, yesterday morning, police said, becoming the second journalist to be murdered in the eight-month-old Aquino administration.

Philippine National Police (PNP) spokesman Chief Supt. Agrimero Cruz Jr. identified the victim as Dr. Gerry Ortega of Radio Mindanao Network’s dzAR based in the city.

According to Cruz, Ortega was shot in the head while shopping in a clothing store just after finishing his latest broadcast.

Police quickly caught his attacker but the motive for the

killing was not yet known, he said.

“Recovered from the suspect’s possession was a .45 cal. pistol,” the police official added.

Initial investigation showed that Marlon Dicamata, alias “Marvin Alcaraz,” is from Taguig City, Metro Manila, prompting the police to suspect that the gunman could be a hired killer.

When asked about the motive of shooting the victim, Alcaraz reportedly said he was out to rob Ortega.

Investigators are digging deeper into the case.

“We still cannot say if (Ortega’s murder) was related to his work as a radio commentator. The killer has accomplices who are still being hunted,” desk officer Robert Dagala said.

Before his murder, Ortega was known for his criticism against local corruption, and his advocacies for the protection of the province’s environment.

Tthe National Union of Journalists in the Philippines (NUJP), in a statement issued also yesterday said, “Ortega is the 142nd journalist killed since 1986 when democracy was restored in the Philippine after Ferdinand Marcos was toppled.”

“If the killing is proven to be work-related, he would be the second to be murdered under President Aquino. The first was radio reporter Miguel Belen of Iriga, Camarines Sur,” the NUJP said.

Aquino has said he intends to make the Philippines safer for journalists.

Jerry Yap, president of the National Press Club (NPC) of the Philippines, condemned the killing of Ortega.

He said the NPC will push a vigorous investigation to ferret out the truth about the latest media slaying.

An investigation, meanwhile, has been ordered by the Department of Justice (DoJ).

DoJ-Task Force Against Political Violence or Task Force 211 head Justice Undersecretary Francisco Baraan said his office has already coordinated with the Puerto Princesa police for the details on the death of Ortega.

The task force, according to Baraan, would determine if whether his murder was work-related or politically motivated brought about by the nature of his work as a critic of alleged corrupt politicians in the said province.

Puerto Princesa City Mayor Edward Hagedorn who said Ortega had received death threats through text messages before he was killed has ordered local police to secure both Ortega’s family and suspected gunman. Benjamin B. Pulta, Gina P. Elorde, PNA and AFP

$1,000 for Marcos victims; US judge OKs distribution of $7.5M

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By Tarra Quismundo, Alcuin Papa, Philippine Daily Inquirer

MANILA, Philippines—The settlement may amount to “loose change,” but the $7.5-million pay-out for human rights abuse victims (or $1,000 for each victim) during martial law is an affirmation of the late strongman Ferdinand Marcos’ ill-gotten wealth, a human-rights victim and former lawmaker said on Friday.

Satur Ocampo, a former representative of the party-list group Bayan Muna, said the settlement for Marcos-acquired land in the American states of Texas and Colorado was a welcome development in the 25-year fight of victims of abuses during the Marcos regime.

Distribution is expected to begin in mid-February and take about a month.

“It’s just loose change. But the amount is OK… at least families are getting something,” Ocampo, a national board member of Selda (Samahan ng Ex-Detainees Laban sa Detensyon at Aresto), said when reached by phone.

“It is a confirmation, an acknowledgment that the Marcoses had amassed ill-gotten wealth,” he said.

Commission on Human Rights (CHR) Chair Loretta Ann “Etta” Rosales, who used to head the Claimants 1081 group, told the Inquirer that she was waiving her rights to her share.

Rosales said she and other victims would use the money to establish a foundation to continue their human rights advocacy and to memorialize victims of martial law.

She said she was “happy” for the award because it represented an “uphill struggle” for the victims. She added that it was the first time in Asia that victims of human rights abuse would be indemnified.

A federal judge in Honolulu approved on Thursday the distribution of $7.5 million to settle a lawsuit filed by thousands of victims of torture, execution and abduction under the Marcos regime.

The distribution provides the victims their first opportunity to collect something since they sued in 1986.

Each eligible member of the class-action lawsuit will receive $1,000 under the plan approved by US District Judge Manuel Real.

Malacañang welcomed the decision of the Honolulu court.

“Yes, this is a positive development because of the long wait of the victims of human-rights violations during the administration of former President Marcos. It’s high time this happened,” said President Aquino’s deputy spokesperson Abigail Valte.

Asked to comment, the chair of the Presidential Commission on Good Government (PCGG), the government agency tasked to pursue the recovery of Marcos assets, said the state was not a party in the case.

“But that does not prejudice the ability of the republic to go after these properties. That’s one thing we’re looking at right now,” PCGG Chair Andres Bautista told the Inquirer.

Double-listing

Ocampo was among some 9,539 claimants who filed the class suit against Marcos and his cronies. The list was trimmed by 2,000 because of alleged double entries, but Ocampo said this had to be further explained by lead lawyer Robert Swift.

He said he had yet to know for sure whether he was among the names removed from the list as the names of the 7,526 retained claimants had yet to be disclosed.

“They said there was double-listing, but it sounds impossible for 2,000 names to be double-listed,” he said.

Ocampo also said Swift should explain why the original settlement amount of $10 million was reduced by $2.5 million.

“[He] should explain where the $2.5 million went, if it was used for attorney’s fees or incidental expenses,” Ocampo said.

More assets in NY, Singapore

He said the lawyer should also explain the mechanics of the distribution.

The Associated Press reported that during a hearing at a federal court in Honolulu, Swift said the payments were an important milestone for victims who had been fighting for years. Most of the victims or their surviving family members live in the Philippines.

“We know they are anxious for distribution. Most of our members are poor, very poor, and live in a Third World country that hasn’t compensated them for any injuries they suffered, or loss of loved ones,” Swift said.

He said $1,000 might not seem like much but that the money would go far in the Philippines where per capita income was about $1,700.

The funds come from a $10-million settlement of a case against individuals controlling Texas and Colorado land bought with Marcos money. Legal fees and a payment to the person who located the properties will consume most of the remaining $2.5 million of the settlement.

Swift said his team was still pursuing an additional $70 million in Marcos assets through courts in New York and Singapore.

Ground-breaking case

Swift said the case was groundbreaking in that it was the first class-action lawsuit filed anywhere in the world for human rights violations.

“The challenge was to show that it could be done. And it could be done efficiently and the court could manage the case efficiently. And I think we accomplished all of that,” he said.

Fr. Dionisio Cabillas, secretary general of Selda, said the award represented a triumph for the victims.

“That is a symbol of the triumph of the struggle of the victims of martial law, so they will accept [the payment], no matter how small. It shows that Marcos was guilty,” Cabillas told the Inquirer.

Rosales advised victims to accept their share. But she said it was also within the rights of the victims to refuse the payment.

“All who have the right to claim the award should claim it. Those who don’t want it, that’s their right. What is important is to ensure the distribution to those who deserve it,” Rosales told the Philippine Daily Inquirer.

Blocked all the way

“This makes me happy. And this is just the first tranche after God knows how long… I don’t care how small it is. It’s very significant,” she said.

Rosales said Judge Real’s court approved the award of any Marcos asset recovered by the victims as far back as 1995.

“Every step of the way was blocked by people who would rather keep these [Marcos assets] to themselves, especially the government,” she said.

She narrated that then President Joseph Estrada had been supportive of their fight. But she said the administration of Gloria Macapagal-Arroyo had thwarted all their efforts to get their award, including a legislative bill that should have outlined the distribution of the award.

Rosales and Cabillas also expressed hope that the PCGG would not oppose the award.

In a separate statement, Ocampo called the US court decision a “vindication” for human rights victims.

“The settlement has proven the very well known fact that the Marcoses stashed money from the people’s coffers and allowed dummies and cronies to hold these for them. This is a vindication for the victims and the Filipino people’s fight against corruption of the hated conjugal dictatorship,” he said.

Selda also called on the Aquino administration to certify as urgent long-pending bills, one filed by Ocampo during his time in Congress, that would legislate the compensation of victims of martial law. With reports from AP and Norman Bordadora

Philippines, victims hail victory over Marcos

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(Agence France-Presse)

MANILA—The Philippine government and a human rights group on Saturday hailed a US court decision awarding compensation to victims of the dictatorship of Ferdinand Marcos as a symbolic victory.

The US decision, awarding about $1,000 each to some 7,500 victims of Marcos-era abuses, would provide some vindication more than 20 years after the dictator was toppled from power, a government official said.

“We welcome (the decision) insofar as it puts closure to decades-long wait of the claimants in this case. It is a vindication for a wrong that was done to them,” said President Benigno Aquino’s spokeswoman Abigail Valte.

Father Dionito Cabillas, secretary-general of Selda, a victims’ organization which originally brought the case, said: “It is small but it is a symbol of justice, a symbol of triumph for the sickly and aging victims of the Marcos dictatorship.”

A US federal judge in Honolulu earlier this week approved the distribution of $7.5 million as part of a settlement to those tortured, detained and killed under Marcos.

The money comes from assets held in the US by a crony of Marcos, in whose name the dictator allegedly bought land in Texas and Colorado.

Marcos, who came to power in 1965 and declared martial law in 1972, used such cronies to plunder state coffers and stash his money abroad until he was overthrown by a popular revolt in 1986.

Marcos fled to exile in Hawaii and died there in 1989 but members of his family have returned home and regained some measure of influence.

Efforts to recover the stolen wealth of Marcos and his cronies have been complicated for years by the competing claims of the government and victims, and the legal tactics of the Marcos family.

Valte said the government was not a party to this latest case, adding that it was up to other official agencies whether to contest the US decision or not.

The head of a government commission tasked with recovering the Marcos wealth said that his agency was studying the issue.

“That (decision) does not prejudice the ability of the republic to go after these properties,” commission chairman Andres Bautista was quoted as saying in the Philippine Inquirer newspaper.

Cabillas said he hoped Aquino would order government agencies not to block the victims from receiving their payments.

“The pleading of the victims is to let justice be served to them, no matter how small, so they can have some kind of satisfaction,” he told AFP.

President Aquino is himself the son of an opposition leader jailed and then murdered by Marcos soldiers. His widowed mother, Corazon Aquino, later led the revolt that toppled the dictator.

However, Marcos’s shoe-loving widow, Imelda, and his son Ferdinand Jr. were elected to the legislature in the May 10 vote that brought Benigno Aquino to power, while a Marcos daughter won a provincial governor’s seat.

Spokesmen for the Marcos family could not be contacted for comment.#

Can impunity be licked?

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AT GROUND LEVEL By Satur C. Ocampo, (The Philippine Star)

Last Dec. 25 in this column, I hailed as a big victory against impunity the recent sentencing to life imprisonment of Argentina’s former dictator, Gen. Jorge Videla, 85, for the murder of dissidents during that country’s “dirty war” (1976-1983).

It turns out that wasn’t the only pre-Christmas judicial victory in the long campaign to end impunity in Latin America and elsewhere in the world.

One week earlier, on Dec. 15, the Inter-American Court of Human Rights (IACHR) ruled that the Brazilian state was responsible for the forced disappearance of 62 alleged members of the leftist Araguaia guerrilla movement that the military suppressed in 1972-74. The court said the Brazilian government “must investigate, prosecute and punish the perpetrators involved in the Araguaia case, find and identify the bodies of the disappeared, and make amends to the surviving relatives.”

The IACHR further directed the Brazilian government to: 1) release the archived information on the Araguaia case and other instances of human rights violations; 2) enact legislation, within a reasonable time, providing for sanctions on forced disappearances; 3) set US$45,000 as payment for “immediate harm” to each relative of the victims, US$15,000 to non-direct relatives, US$3,000 for “cost of search” to each relative, and US$45,000 as payment to the three NGOs that filed the complaint for the victims.

More significantly, the IACHR struck down the Brazilian Amnesty Law of 1979 as being “incompatible with Brazil’s commitments under the American Convention on Human Rights,” which came into force in 1978. This law barred the prosecution of both government officials and leftist militants who had committed politically-related crimes during the 1964-1985 military dictatorship. Ironically, the Brazilian Supreme Court only recently upheld the constitutionality of the amnesty law, which every post-dictatorship government has respected.

Reacting to this trail-blazing court ruling, the Brazilian government’s National Human Rights Secretariat stated that the government would comply with the court’s orders, and that the Brazilian Congress is considering a bill to create a Truth Commission to handle the investigations.

Whether the IACHR ruling had influenced the Argentinian court to convict and consign Videla in prison for the rest of his life can’t be immediately ascertained. However, the impact of the ruling on the Argentine victims and the severity of the sentence cannot be overstressed. For the fact is, after the fall of Videla’s dictatorship, extrajudicial killings committed by state security forces continued under the first democratically-elected president, Raul Alfonsin.

In the case of Brazil, the IACHR decision certainly came as a boost for the ruling Workers’ Party, whose co-founder (with the highly popular former President Inacio Lula da Silva), Jose Genoimo, is one of the 20 survivors of the Araguaia crackdown. The new president, Dilma Rousseff, herself survived torture as a captured guerilla fighter in the 1970s.

It’s important to point out that these victories against impunity in the two biggest Latin American states — along with the earlier extradition, trial and conviction for violations of human rights and international humanitarian law of Chile’s former military dictator, Augusto Pinochet, and Peru’s former president, Alberto Fujimori — happened in the context of the human rights conventions and institutions established by the Organization of American States (OAS).

But nothing could have happened by way of redress to the victims had not their families, human rights lawyers, and support organizations persevered over 30 long years to exhaust the legal and judicial remedies provided by these conventions and institutions.

The OAS was formally set up on April 30, 1948 in Bogota, Colombia, with 24 countries signing its charter alongside the American Declaration of the Rights and Duties of Man, “the first international document proclaiming human rights principles” that preceded the United Nations Universal Declaration of Human Rights. The Declaration was later expanded as the American Convention on Human Rights of 1969, which came into force in 1978.

To carry out the provisions of the Convention, two institutions were set up: 1) the IACHR, composed of seven judges elected to six-year terms; it is based in San Jose, Costa Rica; and 2) the Inter-American Commission on Human Rights based in Washington DC, USA; it has seven independent experts elected to four-year terms by the OAS General Assembly.

The mechanism allows individuals and organizations in their respective countries to elevate their complaints to the Inter-American Commission. If merit is found, the case can be brought to the IACHR. As of 1992, however, only 13 of the 35 OAS member-states had accepted IACHR jurisdiction.

To us in the Philippines, the Latin American experience points to an approach to defeating the presumed impunity enjoyed by the state and its agents when they commit abuses and crimes. For so long have most of us given up on the idea that justice can be obtained against powerful individuals, families and institutions.

In particular, the survivors and the families of victims under the Marcos dictatorship have found themselves on the losing end, again and again, as successive governments support and protect the claims of the Marcoses over the human rights of the thousands of ordinary citizens who suffered grievously.