Disappearances In The Philippines

Disappearances in the Philippines Mary Aileen D. Bacalso Secretary-General Asian Federation Against Involuntary Disappearances (AFAD)

Outline of the Presentation • Background on the Arroyo Government’s

Position on the issue • The International Convention for the Protection of All Persons from Enforced or Involuntary Disappearances and the Philippine Government’s Position • Human Rights Record of the Philippines Under Scrutiny • Rays of Hope

BACKGROUND ON ARROYO’s POSITION ON THE ISSUE • On August 30, 2001, a delegation of AFAD

and FIND officers had an audience with GMA. • The delegation brought to the President’s attention cases of enforced disappearances during the Marcos, Aquino and Ramos administrations. • GMA promised that there would be no single case of enforced disappearance in her administration.

BACKGROUND ON ARROYO’s POSITION ON THE ISSUE • AFAD lobbied for support for the then Draft United Nations Convention for the Protection of All Persons from Enforced or Involuntary Disappearances and the AntiEnforced Disappearance Bill. • The president promised to support both the draft international treaty and the bill. • The president endorsed AFAD and FIND to then VP Teofisto Guingona who was at the same time Secretary of Foreign Affairs.

BACKGROUND ON ARROYO’s POSITION ON THE ISSUE • The UN GA unanimously adopted the UN

Convention on December 20, 2006. The Philippine government questioned the content of a text which was already final. • It did not actively participate in the threeyear negotiation. • In the historic signing of the Convention by 57 governments, the Philippines was not one of the signatories.

BACKGROUND ON ARROYO’s POSITION ON THE ISSUE • The 13-year old bill criminalizing enforced •

•

disappearances has not yet seen the light of day. It is supposed to be the first anti-enforced disappearance bill in Asia, but it is possibly Nepal, which drafted its bill a couple of years ago, which will likely to be the first country to have a domestic law against enforced disappearances. The Philippine Mission has still to receive instructions from the DFA which is still in the process of studying both the domestic bill and the international treaty.

The International Convention for the Protection of All Persons from Enforced Disappearance • It is a universally binding instrument intended to •

•

•

address the problem of enforced disappearances. It states that no person shall be subjected to enforced disappearances under any circumstances, may it be in a state of war, internal political stability or any other public emergency. It provides for the right of the relatives of the disappeared person and of the society to know the truth re. the fate and whereabouts of the disappeared and the progress and results of the investigation. It provides the right to form and participate freely in organizations and associations supporting the cause of the disappeared.

The International Convention… Other provisions of the Convention: • Enforced disappearance is a continuing offense… • No one shall be held in secret detention • All State Parties shall establish official registers of persons deprived of liberty; • In cases of enforced disappearance, victims means disappeared persons and any individual who has suffered harm as a result of enforced disappearance; • All victims have the right to obtain reparation and prompt, fair and adequate compensation.

Human Rights Record of the Philippines The Alston Mission Prof. Philip Alston is the Special Rapporteur of the United Nations Human Rights Council on Extrajudicial, Summary or Arbitrary Executions. He came to the Philippines on February 12, 2007 upon the invitation of the Arroyo government to investigate the cases of extra-judicial killings.

Human Rights Record of the Philippines Alston’s Findings

• The “purge theory” proffered by the AFP was “especially unconvincing.” • Some killings may be attributed to “rogue elements” within the AFP (“rogue elephant theory”).

Human Rights Record of the Philippines Melo Commission The Melo Commission was established through Administrative Order No. 157 which was signed by President Arroyo on August 21, 2006.

Human Rights Record of the Philippines The Commission submitted its Report to the President on January 22, 2007. The Report was only released to the public (through the media) on February 22, 2007. Malacañang, however, considers it as “preliminary” and “by no means complete.”

Human Rights Record of the Philippines Category of Victims According to Melo Commission The Commission has categorized the victims of extra-judicial killings into: – – –

political activists peasant activists journalists

Human Rights Situation of the Philippines Findings of the Melo Commission  

Media Killings  

• There is no central or homogenous theory for the • •

killings. No central theory has been found accusing government agents of a systematic assassination of media personnel. Most of the killings have been attributed to personal vengeance, local politics, or commercial concerns.

Human Rights Record of the Philippines Involuntary Disappearances The number of cases involving enforced disappearance have not reached Martial Law levels. However… Reported cases have been increasing since EDSA. But after the Alston Report and the Melo Commission, the number of cases decreased.

Human Rights Record of the Philippines Activist Killings according to Melo Commission

• The Commission found “no direct evidence, but only

circumstantial evidence, linking some elements of the military to the killings.” • It concluded that “there is no official or sanctioned policy on the part of the military or its civilian superiors to resort to ‘alternative procedures,’” (i.e., illegal liquidations). • The Report stated that “General Palparan and perhaps some of his superior officers, may be held responsible for failing to prevent,punish, or condemn the killings under the principle of command responsibility.”

Human Rights Record of the Philippines : FIND DATA (1971Oct. 2006) Regime

No. of Reported Cases

No. of Documented Cases

No. of Still Missing

No. of Surfaced Alive

No. of Found Dead

MARCOS

805

855

596

132

127

AQUINO

821

612

407

109

96

RAMOS

87

87

40

37

10

ESTRADA

58

58

16

39

3

ARROYO

167

128

39

75

14

TOTAL

1,988

1,740

1,098

392

250

Human Rights Record of the Philippines: KARAPATAN DATA • • • • • • • • •

Year Number of Victims 2001 7 2002 9 2003 11 2004 26 2005 28 2006 76 2007 (as of August) 22 Note: As of July 2008, Karapatan documented 193 cases.

Human Rights Record of the Philippines A number of human rights groups are claiming that the human rights violations is a STATE POLICY.

Human Rights Record of the Philippines There exists a nationwide state policy of execution and persecution—and that is the reason for all these killings, enforced disappearances and political persecution of socalled leftist leaders.” Maria Hilao-Enriquez Secretary-General, KARAPATAN

Human Rights Record of the Philippines “The serious attacks against the people’s civil and political rights during the past year by an embattled government indicate that the wielders of political power will do anything just to be bale to hold on to that power. The use of State machinery will be maximized at all costs especially if the control over political power is endangered or threatened…Finding it hard to rule the “old way,” the GMA government has shifted to the use of repressive measures to keep itself in power.” Philrights; In Focus (July-Dec. 2006; pp. 1617)

The Philippine Government’s Efforts: • The Philippine government approved the Writ of Amparo. This was triggered by the case of Jonas Burgos, an activist who disappeared almost a year ago.

The UNWGEID requested for a visit to the Philippines • The UNWGEID is alarmed by the spate of enforced disappearances in the Philippines, thus, it made an official request to the Philippine government to visit the country for the second time. Its first visit was in 1990. The Philippine government did not reply. • The UNWGEID requested the Philippine government to report on the progress of its recommendations in 1990.

The Philippines as a member of the UN Human Rights Council • The Philippines made many pledges to the

UN when it was filing its candidacy as a member of the UN HRC. • The Philippines was subjected to the Universal Periodic Review (UPR) procedure. While NGOs were present, the 46 members of the delegation, headed by the chief of the Armed Forces, General Ermita, were very prepared. However, the substance of the government’s report is questionable.

Rays of hope • The Supreme Court called for a National

Consultative Summit on Extra-Judicial Killings and Enforced Disappearances in July 2007. • On Sept. 25, the Supreme Court approved the draft Rule on the Writ of Amparo which provides a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or a private individual or entity. It covers extrajudicial killings and enforced disappearances or threats.

Rays of Hope • The writ of amparo is broader in coverage. The writ of

•

habeas corpus is available only in cases of illegal confinement or detention whereby a person is deprived of his liberty or by which the rightful custody of any person is withheld from the person entitled thereto. However, the writ of amparo covers not only violation of right to liberty but it also includes violations and threats to life and security. Likewise, under the writ of amparo, the court can compel government agents to look for missing persons. Officials who did not exert enough effort in finding the person can be held liable. In effect, it deprives the authorities the defense of simple denial when they are sued to produce, before the courts, the bodies of victims of involuntary disappearances.

Rays of Hope • Existence of an international network against enforced disappearances (Latin America, Asia, Europe, Africa); • On-going Campaign for the Convention and for enactment of national laws; • 74 countries signed the Convention • Argentina, France, Albania, Mexico and France recently ratified

Rays of Hope • The Supreme Court called for a National Consultative •

•

Summit on Extra-Judicial Killings and Enforced Disappearances in July 2007. On Sept. 25, the Supreme Court approved the draft Rule on the Writ of Amparo which provides a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or a private individual or entity. The writ of amparo is a remedy issued by a court to protect any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. It covers extralegal killings and enforced disappearances or threats.

Rays of Hope AFAD’s work in Asia: International Solidarity

Direct Assistance International Campaign and Public Information and Lobby Work