ISSUES RAISED BY KARAPATAN during the NGO CONSULTATIONS

 

KARAPATAN Secretary General Marie Hilao-Enriquez together with Projects and International Relations Officer Issa Dumanjug-Palo and KARAPATAN Legal Consultant Atty. Edre Olalia, went to Geneva, Switzerland to attend the 79th Meeting of the United Nations-Human Rights Committe from October 20-21, 2003 to present the Philippine Human Rights Situation.

 

The following is a statement read by Ms. Enriquez during the NGO Consultations-Briefing of the UN-HRC yesterday.

 

ISSUES RAISED BY  KARAPATAN

(Alliance for the Advancement of People’s Rights) [Philippines]

during the NGO CONSULTATIONS-BRIEFING

of the HUMAN RIGHTS COMMITTTEE OF THE UNITED NATIONS

at its 79TH meeting, 20 OCTOBER 2003, Geneva , Switzerland

 

 

KARAPATAN is alarmed by the continuous violations committed by the State security forces and agents under the Philippine government of President Gloria Macapagal-Arroyo, especially considering that the present administration professes to be democratic.

 

Even as President Arroyo has not formally declared martial law, she has harped on maintaining a “strong republic.”  Using the war against “terrorism” and terrorists,” she has practically legitimized and even legalized the attacks against organizations, members and leaders of progressive people’s organizations and suspected or alleged members or sympathizers of national liberation movements that are demonized as “terrorists.”

 

The human rights violations of the martial law era of the dictator Marcos continue to this day with unbridled impunity.  KARAPATAN is especially alarmed and wishes to bring to the attention of the United Nation’s Human Rights Committee the following issues, among so many others:

 

Ø      The concerted, systematic and brazen attacks on progressive people’s organizations including human rights organizations and cause-oriented groups that are critical of government policies of globalization, land monopoly, corruption, state terrorism and foreign intervention.  These attacks come in the form of baseless labeling, open pronouncements of vilification against leaders of these groups, open surveillance and harassments that led to several extrajudicial killings, abductions and disappearances.  Under the Arroyo administration, 10 KARAPATAN human rights volunteers have been killed.  Another target of open attack is the political partylist group called Bayan Muna (People First), whose 38 members have been killed. Even legitimate peaceful protest actions such as demonstrations and strikes have been violently dispersed.

 

Ø      Declaration of open-ended “state of lawlessness” in Zamboanga, Basilan, Sulu and Tawi-tawi through a Justice Department  Memorandum of July 13, 2001 which virtually gave blanket authority to the State security forces to conduct arbitrary and warrantless arrests and searches on Moslems mostly dubiously suspected to be or associated with Abu Sayyaf members.

 

Ø      The continuous adoption and implementation of government policies and counter-insurgency programs like Oplan Makabayan (Operation Plan Nationalist) which basically involves the deployment of inordinate numbers of Armed Forces of the Philippines, Philippine National Police and paramilitary groups that eventually result to vicious human rights violations against civilians and civilian populations as well as violations of international humanitarian laws.

 

Ø      Impunity of perpetrators and coddlers of human rights violations who remain unaccountable for their acts or omissions because these have been tacitly sanctioned, recognized, condoned or tolerated by the government.  Some have just been reassigned, some remained in their positions or worse even promoted to a higher rank or given ”rewards.” A shameful example is Col. Jovito Palparan Jr., the notorious military commander of the dreaded army brigade in the island of Mindoro Oriental who has been promoted to general and has even assumed responsibility for a higher military unit.

 

Recommendations:

 

1.      Resume the peace negotiations with the CPP/NPA/NDFP and the MILF.  Implement the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

 

2.      Effect special laws, procedures, remedies and courts that would effectively protect human rights including the speedy investigation, arrest, prosecution, trial and conviction of perpetrators without regard to technicalities and eliminating delays at different stages.

 

3.      Immediate repeal of subsisting repressive laws and issuances and reversal of jurisprudence engendering or providing sanction or impunity for human rights violations.

 

4.      Immediate inventory, review, recall or non-passage of legislative, administrative, executive and judicial acts that either openly violate human rights, disguise their violations or contribute to the engenderment of such violations.

 

5.      Abandonment of specific proposed draconian measures like mandating a national identification system, relaxing rules on arrests, and “anti-terrorism laws” violative of civil and political rights

 

6.      Discontinue the practice of criminalizing political offenses and actions for acts in pursuit of one’s political beliefs at the arrest, investigation, prosecution and trial stages and uphold the political offense doctrine.

 

7.      Rebuke and discontinue the arbitrary, unfounded and malicious labeling of national liberation movements, progressive nationalist organizations and patriots as “terrorists” both in the national  and international fora..

 

8.      Immediate, speedy, meaningful and effective justice to all human right victims including adequate compensation, indemnification, restitution and rehabilitation and establishing mechanisms for this purpose.

 

9.      Effectively address and punish acts of terrorism by agents of the State.#

 

 

KARAPATAN

Alliance for the Advancement of People's Rights

#43 Masikap St., Brgy. Pinyahan,

Quezon City 1100 PHILIPPINES

telefax: (632) 928 6078 and (632) 435 4146

email address: [email protected]

                       [email protected]

website: www.karapatan.org