CHRP Newsletter Autumn 2009

Embed Size (px)

Citation preview

  • 8/8/2019 CHRP Newsletter Autumn 2009

    1/12

    1

    CHRP Picket Greets ArroyoA picket organized by the migrant workers group Migrante and CHRP showed Presi-

    dent Arroyo once again that she will be reminded of the human rights violations of her

    government any time that she visits London. Her visit to a conference about the globaleconomic crisis organized by

    The Economist magazine on

    18 September at the exclu-

    sive Riverbank Hotel was

    met by Migrante and CHRP

    members carrying placards

    showing Mrs Arroyo grow-

    ing fat as Filipinos starve.

    A letter was handed to Phil-ippine Embassy officials

    which noted

    Your visit to London

    aims to discuss economic

    development in the Philippines. We do not believe that there can be any mean-ingful economic progress if the human rights of Filipino citizens are violated.

    Madame President, you are the head of a state which stands accused of perpe-trating and rewarding political killings, disappearances, torture, and the vio-

    lation of basic human rights.The letter called on Presi-

    dent Arroyo to Stop Po-litical Killings and Disap-

    pearances in the Philip-

    pines. The letter was read

    out on radio broadcasts in

    the Philippines as part of

    the news coverage on her

    visit to London.

    c/o PIPLinks, Finspace, 225-229 Seven Sisters Road,London, N4 2DA, UK

    Phone: +44(0)207 263 1002 Email: [email protected]

    Website: www.chrp.org.uk

    Company Registration No. 6878754

    Autumn 2009

    Published in

    London

  • 8/8/2019 CHRP Newsletter Autumn 2009

    2/12

    2

    EDITORIAL

    The Campaign for HumanRights in the Philippines(CHRP) is a volunteer organization thatseeks to highlight human rights abuses in

    the Philippines. We note the continued

    pattern of killings that have blighted the

    country over the last decade killings of

    journalists, students, lawyers, activists and

    suspected criminals and the lamentable

    failure of the Philippine government eitherto properly investigate these killings or in-

    deed to place the due process of the law

    above vigilantism. In the Philippines today,

    the Police and the judiciary are not trusted

    agencies. In this issue of our newsletter we

    highlight these on-going problems but also

    focus attention on moves towards constitu-

    tional change (so-called cha-cha) and the

    forthcoming elections. We also note, with

    bemusement, that former British Prime

    Minister Tony Blair has been to the Philip-pines in recent months to lecture about con-

    flict resolution, and that senior Moro Is-

    lamic Liberation Front (MILF) cadres have

    been to Northern Ireland, as if the Northern

    Ireland peace process were some holy grail

    that can simply be transposed to another

    country, another culture and different pro-

    tagonists on the other side of the world,

    and, as if by magic, produce peace. Laud-

    able as Blairs and UK intentions may be,

    peace in Mindanao will require sustainedand sincere engagement among partners

    who actually know something about the

    conflict and its causes. We also note the

    passing of Cory Aquino. Cory Aquinos

    death in August was reported in the interna-

    tional press with the predictable eulogies.

    Aquino has always been projected as a

    saintly figure whose opposition leadership

    following her husbands murder led to the

    end of the brutal and corrupt dictatorship of

    Ferdinand Marcos. The emergence of

    Aquino was in fact sponsored by the US to

    allow it to drop the increasingly embarrass-

    ing Marcos who was failing to check

    a radical and broadly based mass move-

    ment. Cory was part of the traditional elite

    as shown by the ruthless treatment of work-

    ers on her own plantations. During her

    presidency, progressive and democratic

    reforms were steadily abandoned or re-

    jected, and the military was allowed to become dangerously politicised. Today

    political corruption continues to

    be endemic in the Philippines and the

    use of state-sponsored murder and tor-

    ture by a military operating with impu-

    nity is more rampant than ever.

    http://www.thepoc.net/images/stories/politiko/political_killings.jpg

  • 8/8/2019 CHRP Newsletter Autumn 2009

    3/12

    3

    President Arroyo

    Challenged to Act on

    Indigenous RacialDiscrimination

    The letter that was handed in and more in-

    formation on this can be read at:- http://

    philippines-cerd.blogspot.com/2009/09/

    text-of-letter-from-piplinks-to.html

    Indigenous Peoples Links (PIPLinks), a

    UK-based support group on indigenous

    rights, used the opportunity of the visit of

    President Arroyo to London to also hand in

    a letter raising issues around the recent

    concluding observations of the United Na-

    tions Committee on the Elimination of Ra-

    cial Discrimination (CERD).

    UK campaigners had been part of a Philip-

    pine delegation that travelled to Geneva

    when the CERD met in August 2009. The

    CERD, which reviews how countrys are

    implementing their obligations to elimina-

    tion racial discrimination, was reviewing

    the Philippine Governments overdue re-

    port. They presented a shadow report,

    and video, to counter Government claims

    that there was no racial discrimination in

    the Philippines. This particularly focus-

    sed on how indigenous peoples were be-

    ing seriously discriminated against, and

    how the Philippine Government was fail-

    ing to protect them, even though there isan enlightened law that is supposed to

    protect them, called the Indigenous Peo-

    ples Rights Act (IPRA). However, on the

    ground the lands and lives of indigenous

    peoples are under threat, often from the

    activities of multinational companies,

    such as mining companies, many of

    them based in the UK.

    The CERD published an extensive set of

    recommendations regarding the Govern-

    ments implementation of indigenous

    peoples rights, including urging the

    Government to acknowledge that racial

    discrimination exists in the Philippines

    (which the Philippine Government con-

    tinually denied). They also asked for a

    review of how the IPRA law was, or

    rather wasnt, working and asked the

    Government to report within the year.

    PIPLinks was keen to find out how theGovernment would respond to that. On

    past experience there is not a great deal

    of optimismespecially as the President

    spent her time meeting with UK-based

    mining companies rather than discussing

    the issues of the rights of the poorest and

    most marginalized of her people.

    ILO investigates killings

    of union activists

    Condensed from a report by the Interna-tional Labor Rights Forum, Sep-

    temb2009

    The International Labor Organization

    (ILO) is undertaking its first high level

    mission to the Philippines from Septem-

    ber 22nd to 29th to investigate serious

    union rights violations including the kill-

    http://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.htmlhttp://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.htmlhttp://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.htmlhttp://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.htmlhttp://www.ilo.org/http://www.ilo.org/http://www.ilo.org/http://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.htmlhttp://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.htmlhttp://philippines-cerd.blogspot.com/2009/09/text-of-letter-from-piplinks-to.html
  • 8/8/2019 CHRP Newsletter Autumn 2009

    4/12

    4

    ing of 92 labor union leaders since 2001.

    They will meet with families of victims

    and survivors of unexplained killings,

    enforced disappearances and labor-

    related harassment, and they will inspecttwo major manufacturing plants in Cen-

    tral and Southern Luzon.

    The ILO mission was triggered by a

    complaint the KMU brought before the

    ILOs Committee on the Freedom of As-

    sociation in 2006. In the complaint,

    KMU alleged, Killings, grave threats,

    continuous harassment and intimidation

    and other forms of violence inflicted on

    leaders, members, organizers, union sup-

    porters/labor advocates of trade unions

    and informal workers' organizations who

    actively pursue their legitimate demands

    at the local and national levels. Specifi-

    cally, KMU mentioned the deaths of 64

    trade unionists and advocates since Ar-

    royo took power in 2001.

    The ILO responded to the Complaints by

    stating: The Committee deplores thegravity of the allegations made in this

    case and the fact that more than a decade

    after the filing of the last complaint on

    this issue, inadequate progress has been

    made by the Government with regard to

    putting an end to killings, abductions,

    disappearances and other serious human

    rights violations which can only rein-

    force a climate of violence and insecu-

    rity and have an extremely damaging

    effect on the exercise of trade unionr i g h t s .

    As a result, the ILO made several rec-

    ommendations to the Government of the

    Philippines, including establishing an

    independent judicial process in order to

    review all allegations of violence, ending

    prolonged military presence in the work-

    place, and ensuring emergency measures

    enacted by the government dont inter-

    fere with workers legal rights to organ-

    ize. Most importantly, it called on the

    Philippine government to allow it to send

    a team to look into the complaints and

    establish more clear recommendations for

    action. Yet, perhaps fearing what the ILOmay find, each time the ILO sought per-

    mission to send a team to investigate the

    violations and propose recommendations,

    the Philippine government refused per-

    mission. However following increasing

    pressure from the international labor

    movement and foreign governments at the

    ILO this summer, the Philippine govern-

    ment finally relented and allowed the ILO

    to conduct its mission

    The ILO Mission, though several

    years late, is still extremely timely. Labor

    activist in the Philippines continue to al-

    lege government violence and harassment

    targeted at workers and activist engaged

    in organizing activities. KMU alleges

    that: After the complaint, 28 more work-ers were [killed]. Also, a relatively new

    form of repression hit the workers since

    last year after the complaint: using

    trumped up criminal charges to detain

    workers.

    UN Committee Condemns

    Widespread use of

    Torture in the Philippines

    Information from Bulatlat and FIACAT

    The United Nations Committee on

    Torture (UNCAT) issued a report this

    May 2009 expressing its grave concern

  • 8/8/2019 CHRP Newsletter Autumn 2009

    5/12

    5

    at the routine and widespread use of

    torture in the Philippines and the

    climate of impunity for perpetrators

    of acts of torture, including military,

    police, and other State officials.

    During two days of sittings of

    the 42nd session of the UN Commit-

    tee Against Torture, the Committee

    heard two torture survivors, farmer

    Raymund Ramalao and Pastor Berlin

    Guerero of the United Church of Christ,

    give personal testimony about their abduc-

    tions and torture at the hands of the secu-

    rity forces. Manalao was abducted with his

    brother by the military in Bulucan, a prov-

    ince north of Manila, and subjected to dif-

    ferent forms of torture for 18 months. Pas-

    tor Berlin Guerero was abducted by the

    military in May last year and tortured. The

    Philippine human rights organization Kara-

    patan and the World Organisation Against

    Torture (OMCT) presented a joint report

    documenting 1,016 victims of torture from

    2001 to 31 March, 2009. According to

    Karapatan, Many people believe that tor-

    ture has now become a covert national pol-

    icy, together with extrajudicial killings,

    enforced disappearances and other griev-

    ous rights violations resorted to by the

    State to quell the protests and dissent of the

    people.

    A 27-strong Philippine government

    delegation headed by Executive Secretary

    Eduardo Ermita, who is chair of the Phil-

    ippines Presidential Human Rights Com-

    mittee defended the governments human

    rights record. Ermita was asked by UN-

    CAT about government steps to address

    the concerns expressed by Philip Alston,

    the UN special rapporteur on extrajudicial

    summary or arbitrary executions, who vis-

    ited the Philippines in 2008. Ermita re-

    sponded that much of the UN special rap-

    porteurs reports was unfounded, unbal-

    anced, incomplete and at best premature.

    Ermita emphatically asserted that in the

    Philippines torture is not practiced by state

    security forces.

    After reviewing the evidence and

    testimonies and other documentation, UN-

    CAT concluded that in the Philippines tor-

    ture was widespread and routine. They

    noted that members of the security forces

    who commit torture are seldom investi-

    http://www.theepochtimes.com/n2/images/stories/large/2008/08/13/torture_57514181.jpg

  • 8/8/2019 CHRP Newsletter Autumn 2009

    6/12

    6

    gated and prosecuted, and that the perpe-

    trators are either rarely convicted or sen-

    tenced to lenient penalties that are not in

    accordance with the grave nature of the

    offences. The Committee also con-

    demned the Human Security Act passed

    in the Philippines in 2007 as having an

    overly broad definition of terrorist

    crimes and the provision allowing the

    detention of suspects without warrant or

    charge for up to 72 hours.

    The Committee asked the Philip-

    pine government to take immediate steps

    to prevent acts of torture and ill-treatment

    throughout the country and to announce a

    policy of total elimination in respect of

    any ill-treatment or torture by State offi-

    cials. As part of this, the Philippines

    should promptly implement effective

    measures to ensure that all detainees are

    afforded all fundamental legal safeguards

    from the very outset of their detention.

    These include the right to have access to a

    lawyer and an independent medical ex-

    amination, to notify a relative, and to be

    informed of their rights at the time of de-

    tention, including details of the charges

    laid against them, as well as to appear be-

    fore a judge within a time limit in accor-

    dance with international standards. The

    Committee has given the Filipino authori-

    ties one year to improve this situation.

    More Philippine

    Journalists Targeted

    Information from the Committee for the

    Protection of Journalists

    An unidentified attacker stabbed and fa-

    tally shot Philippine radio commentator

    Crispin Perez on 8 June 2009 in San Jos

    in the central Philippines. The attack took

    place in the broadcasters home shortly

    after his morning show at the local

    DWDO radio station. However, some

    news reports indicate he was standing out-

    side the station when he was attacked.

    Perez was a former politician who had

    also worked as a lawyer. Police told jour-

    nalists they were investigating possible

    motives for the murder. AFP cited a local

    politician as saying that Perez had re-

    cently made enemies over a local en-

    http://3.bp.blogspot.com/_PpXAfOwAa-s/SOcRkDQtTBI/AAAAAAAAACk/

    T_uKmE2wmoU/s400/free_press.jpg

  • 8/8/2019 CHRP Newsletter Autumn 2009

    7/12

    7

    ergy deal but did not elaborate on the con-

    tent of his radio programme.

    The perpetrator fled on a motorcy-

    cle, according to the news reports. Perez

    was declared dead on arrival at the local

    hospital. Perez is the fourth journalist to

    be killed in the Philippines this year.

    There have been 24 unsolved murders of

    journalists in the last ten years, making

    the Philippines the sixth most deadly

    country in the world for journalists and

    one of the few which is not an active war

    zone. However, Philippine President Glo-

    ria Macapagal-Arroyos chief aide, Edu-

    ardo Ermita, recently declared that the 24

    murders of journalists in Philippines had

    all been properly attended to, in re-

    sponse to the New York-based Committee

    for the Protection of Journalists. It is out-

    rageous for the Philippine government to

    declare that these murders have been

    properly attended to when not one single

    conviction has been made in any of these

    cases, said Joel Simon, the CPJs execu-

    tive director. Theres no mystery how

    the Philippines got on the CPJs global

    impunity index Getting Away with Mur-

    der 2009: the unsolved murders of 24

    journalists. There is also no mystery how

    the Philippine government can get off the

    list: convict the killers of these journalists.

    The CPJ will continue to support the ef-

    forts of the Philippine government in

    solving these murders and we hope it can

    exert every effort to ensure the prosecu-

    tion of the remaining cases.

    ELECTIONS AND

    CHARTER CHANGE

    (CHA-CHA)

    Benny Clutario

    Under the Philippines 1987 Constitution,

    the President is allowed only one term in

    office. Desperate to hang on to power,

    Arroyos supporters in the Philippine

    House of Representatives passed House

    Resolution 1109 on 2 June 2009 enabling

    themselves to convene the House as a

    constituent assembly with the power to

    amend the constitutioneven without the

    concurrence of the Senate.

    This was widely seen as a manoeu-

    vre that could pave the way for a change

    in the constitution to allow a switch in the

    government set-up from presidential to

    parliamentary form. President Arroyos

    term of office is set to end in 2010. A

    change in the form of government would

    potentially allow Arroyo to run again as a

    member of Parliament without any term

  • 8/8/2019 CHRP Newsletter Autumn 2009

    8/12

    8

    limits and even become Prime Minister.

    This has been met with protests by tens of

    thousands who took to the streets in vari-

    ous towns and cities across the Philip-

    pines against this act of betrayal by the

    Arroyo government.

    Then former President Corazon

    Aquino died. Hundreds of thousands

    again took to the streets to bid farewell to

    a former President who was clearly much

    loved by the Filipino nation. In stark con-

    trast, the incumbent President stood out as

    a lone and isolated figure, widely reviled

    and hated. The Filipino people clearly do

    not want an extension to Arroyos term as

    head of state. They want an end to corrupt

    government and an end to extra judicial

    killings.While President Arroyo and her

    political supporters have had to rethink

    their options and backtrack a bit, the pros-

    pect of extending Arroyos term as Presi-

    dent is not entirely off the agenda. With

    the June 2010 elections fast approaching,

    politicians are busy positioning them-

    selves with a view towards running for

    political office.

    Forcing through the constituent

    assembly idea would be a very unpopu-

    lar measure, but Arroyo has consistently

    acted in her own interests rather than

    those of the country. Clearly, she wants to

    remain in power by hook or by crook.

    The recent announcement by Aquinos

    son Noynoy to run for President may

    yet add a new and unpredictable ingredi-

    ent to the mix.

    ACTION NETWORK

    HUMAN RIGHTS -

    PHILIPPINES

    For further information on the findings of

    the ANHR-P mission, contact philip-

    [email protected]

    The German-based Action Network Hu-

    man Rights Philippines this year con-

    ducted a human rights mission to look

    into political killings in the Philippines.

    Representatives met with Philippine gov-

    ernment, military and police as well as

    church officials, local human rights advo-

    cates and victims and their families. De-

    spite the declared willingness of the Phil-

    ippines government to address the human

    rights problem, the government denies

    that there is any official policy regarding

    deaths quads and maintains that the kill-

    ings are carried out by armed groups in

    the context of factional rivalries and

    purges between and among criminal and

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/8/2019 CHRP Newsletter Autumn 2009

    9/12

    9

    insurgent gangs and armed groups. How-

    ever, the vast majority of the killings re-

    main unsolved and this fact is having a

    corrosive impact on the confidence of the

    public in judiciary processes.

    Police Death Squads in

    Davao, Philippines

    This is a summary of reports that ap-

    peared in The Irish Times and The Inde-

    pendent. David McNeill writes for The

    Independent and other publications, in-

    cluding The Irish Times and The Chroni-

    cle of Higher Education. He is an Asia-

    Pacific Journalco-ordinator. See David

    McNeill, The Terminators. Police Death

    Squads in the Philippines, The Asia-

    Pacific Journal, Vol. 24, No. 6, June 15,

    2009. See also David McNeill in Davao,

    The Philippines http://japanfocus.org/-

    David-McNeill/3174

    Police death squads are out of control in

    Davao in the southern Philippines, say

    human rights campaigners, murdering

    slum children, the poor, suspected crimi-

    nals and political enemies with impunity.

    Mayor Rodrigo Duterte boasts that he has

    made Davao the safest urban zone in the

    Philippines, but Davaos motto: love,

    peace and progress is belied by an ugly

    killing spree that has claimed nearly 900

    lives, including dozens of children. The

    mayor says they all deserved to die.

    What I want to do is instil fear, he told

    reporters in February. If you are doing an

    illegal activity in my city, if you are a

    criminal or part of a syndicate that preys

    on the innocent people of the city, for as

    long as I am the mayor, you are a legiti-

    mate target of assassination.

    Condemnation and press coverage

    have failed to stop the summary execu-

    tions of what Mayor Duterte calls

    societys gar-

    bage, Davaos

    own slum dogs:

    alleged petty drug

    dealers, young

    toughs and street

    children. Vigilantes

    have murdered 894

    people in the lasthttp://3.bp.blogspot.com/_wLQt0uHm3UI/SrLhWp-430I/AAAAAAAAAEQ/-

    G25uN6gtkc/S660/Silence+Kills.JPG

    http://japanfocus.org/-David-McNeill/3174http://japanfocus.org/-David-McNeill/3174http://japanfocus.org/-David-McNeill/3174http://japanfocus.org/-David-McNeill/3174http://japanfocus.org/-David-McNeill/3174
  • 8/8/2019 CHRP Newsletter Autumn 2009

    10/12

    10

    decade, including at

    least 80 minors, ac-

    cording to the Tam-

    bayan Centre for

    Childrens Rights, a

    Christian NGO that

    operates in Davaos

    city centre. It is the

    only organization

    keeping a systematic

    account of the execu-

    tions. The youngest

    victim was 12 years old.

    The executions follow a similar

    pattern. Police officers or government

    officials from barangays local admin-

    istrative units approach alleged trou-

    blemakers to warn that they have made a

    hit list known as the order of battle or,

    in Davao, as the Dutertes list. Failure

    to heed the warning by quitting illegal

    activities or leaving town is a death sen-

    tence, usually carried out by men on mo-

    torbikes carrying butchers knives or .45

    -caliber hand-guns. The vigilantes have

    achieved their purpose: instilling terror

    in the citys slums, says Renante Ven-

    tula, who lives on Davaos streets.

    When we talk about them, we do so in

    low voices because we dont know who

    is listening. Last October, he says his

    friend was murdered in a local Internet

    caf. He had been warned by the San

    Pedro police. Two men arrived on mo-

    torbikes without license plates, went into

    the caf and took turns stabbing him. He

    had ten stab wounds.

    Officially sanctioned vigilantism

    is spreading as the countrys economic

    woes deepen, warns Edith Casiple, Tam-

    bayans executive director. The prob-

    lem is now all over the country. Other

    leaders are copying Mayor Duterte. In

    several cities, including the capital Ma-

    nila, politicians have praised Davaos

    style of rough justice. Police officers in

    collusion with local city governments

    across the southern island of Mindanao

    are involved in targeted killingsknown

    in the local press as salvagings and

    rub-outs say human rights groups.

    Executions have also been reported in

    http://www.independent.co.uk/multimedia/archive/00179/philippines-missing_179668s.jpg

  • 8/8/2019 CHRP Newsletter Autumn 2009

    11/12

    11

    the troubled holiday resort of Cebu. Philip-

    pine President Gloria Macapagal Arroyo,

    who once appointed Duterte as an advisor

    on peace and order, has largely turned a

    blind eye to the murders, claims Human

    Rights Watch (HRW). Can central govern-

    ment influence events in Davao? As late as

    April, Malacaang Palace, the presidents

    official residence, publicly told Duterte that

    he should regain control over the city police

    force, but rejected talk of an investigation

    into the killings. The mayor is an elected

    official. We cant act on something that is

    not based on actual facts on the ground,

    said government spokesman Eduardo Er-

    mita. Observers say Duterte is beyond the

    reach of the president, who has distanced

    herself from him. He is well protected po-litically and therefore untouchable, said

    Irish priest and human rights campaigner,

    Shay Cullen. However, on June 17 this year,

    the Philippine Commission on Human

    Rights (CHR) announced the formation of

    an inter-agency task force that will look into

    Davaos death squads. The CHR is con-

    cerned because these killings demonstrate

    violations of not only the right to life but

    also the right of persons suspected of

    crimes, the CHR said. The rights body will

    head the task force composed of representa-

    tives with ranks not lower than an assistant

    secretary or its equivalent from 11 govern-

    ment agencies, including the Department

    of National Defence, Department of Jus-

    tice, and Philippine National Police.

    CHR said the agencies would have to

    cooperate, citing its constitutional power

    to request assistance of any department,

    bureau, office or agency.

  • 8/8/2019 CHRP Newsletter Autumn 2009

    12/12

    12

    Abductions and Disappearances:Breaking the Chains of Impunity in the

    Philippines

    For the past eight years, hu-man rights groups estimatethere have been over 200cases of enforced disappear-ances in the Philippines andnew cases are being reportedevery year. Victims of these

    abductions come from allsectors of society from la-bour activists to humanrights defenders.

    Not a single one of these cases has been solved. Families of the disap-peared continue to wait and search for their loved ones.

    Mrs. Edita Burgos, the mother of the missing activist Jonas Burgos, who wasabducted by unknown elements in April 2007, has been actively seeking

    justice and campaigning for the surfacing of her son for the past twoyears.

    21 October 2009 6:00pmAmnesty InternationalHuman Rights Action Centre

    17-25 New Inn Yard, London EC21 3EA

    Speakers:Edita Burgos, DesaparecidosJL Burgos, Free Jonas Burgos Movement

    Hazel Galang, Amnesty International Nick Sigler, UNISON