Dutch Lawyers to Arroyo:

Prosecute Military involved in Extrajudicial Killings

 

Amsterdam, The Netherlands

 

December 10, 2008

 

 

   
/p

/p
Photos courtesy of Rice and Rights
           

 

Dutch Lawyers to Arroyo: Prosecute Military involved in Extrajudicial Killings

PUBLISHED ON December 15, 2008 AT 3:12 PM

A prominent Dutch lawyers’ group based in this city that participated in an international verification and fact-finding mission on attacks on Filipino lawyers and judges last November 4-14, 2008 in the Philippines, echoed their call on the Arroyo government to investigate the killings not only of members of the legal profession but also of other victims of extrajudicial killings.

BY D. L. MONDELO
Correspondent
Bulatlat

( Amsterdam , The Netherlands ) – A prominent Dutch lawyers’ group based in this city that participated in an international verification and fact-finding mission on attacks on Filipino lawyers and judges last November 4-14, 2008 in the Philippines, echoed their call on the Arroyo government to investigate the killings not only of members of the legal profession but also of other victims of extrajudicial killings.

The Dutch Lawyers for Lawyers Foundation (L4L) group noted the urgency of conducting an investigation and prosecution because the (Philippine) military is clearly involved. They echoed this call during a forum last December 10, organized by the Netherlands-based Filipino human rights alliance Rice and Rights to commemorate the 60th anniversary of the UN Declaration of Human Rights.

L4L lawyer Adrie van de Streek, explained that their mission last November 4-12, was a follow up to their earlier fact-finding mission conducted in 2006, principally to verify the status of the cases of harassed or killed lawyers and judges investigated by the international fact-finding mission in June 2006.

Sharing their own findings and experiences in 2006 and last November, Van de Streek said the threats on lawyers and judges remain immense, particularly because they help poor farmers and fishermen on their issues. She said because they participated in the fact-finding mission and exposed their findings, they were put in the ‘blacklist’ of the Philippine government and were also labelled ‘communists’ like the victims of extrajudicial killings.

One particular encounter the Dutch lawyers found ’shocking’ and ‘unbelievable’ was during a visit to the Human Rights office of the Armed Forces of the Philippines (AFP) in Manila, where an officer of said office even boasted to them that he was in favor of torture and of the death penalty.

Van de Streek also noted that although lots of international attention and pressure have been generated by several international fact-finding missions, the Alston Report, the UN HR Review, and similar international condemnation of extrajudicial killings in the Philippines , the form of human rights violations merely changed with the method of filing fabricated charges against lawyers and Filipino activists.

She said the mission noted the Arroyo government’s lack of any serious will to investigate the killings, and added that there was a strong consensus among the lawyers and judges who participated in the mission that pursuing the case against retired AFP general Jovito Palparan would restore some trust in the judicial and political system.

Solving the killings, she further stressed, needs the support of all layers of society.

Filipino lawyer Atty. Neri Colmenares, legal counsel of the party-list Bayan Muna and secretary general of the National Union of People’s Lawyers (NUPL) – one of the Philippine-based lawyers’ group that facilitated the international fact-finding mission (the other group being the Counsels for the Defense of Liberties [CODAL]), said that the Arroyo government keeps on ignoring international treaties and knowing that it is not obliged to implement it anyway, referring to the UN Declaration of Human Rights of which the Philippines is a signatory.

Calling the Arroyo administration a ‘government on the rampage’, Colmenares said the killings are being conducted because of the regime’s obsession to stay in power. He said the Arroyo government is a clear suspect in the killings because of the impunity with which the crimes are being committed, there is lack of interest to investigate, covering up for the perpetrators, and failure to condemn the killings. He decried the fact that despite the abundance of enough witnesses to the killings, the entire judicial system refuses to prosecute any of the perpetrators. Impunity, he said, is knowing you can get away with any crime.



 

     
     

Colmenares also said that though the form of political repression has shifted to the filing of fabricated charges against militants and activists, the machinery for the killings has not been dismantled. The killings could continue, he warned.

Citing the case of Jonas Burgos, son of a prominent newspaper publisher, who was abducted (and remains missing until today) in broad daylight in a busy shopping mall in Quezon City, Colmenares said human rights groups finally had a ‘eureka’ case. A closed-circuit television recording (CCTV) recorded the plate number of the van the men who abducted Burgos used. This, he said, was later traced to an impounded vehicle inside a military camp south of Manila . However, during the court investigation, high AFP officials made an incredible and laughable claim that the plate number was stolen by New People’s Army (NPA) guerrillas inside the military camp. Investigation into his case remains at a standstill.
 

Colmenares joined the call of the L4L in calling for the prosecution of retired AFP general Palparan. His prosecution, if pursued, he said, will send a strong signal not only to the machinery for the killings, but also to the entire Arroyo regime as well.

While explaining that the struggle for human rights in the Philippines is a struggle against exploitation and oppression, Colmenares urged the voices from the Philippines and the international community to combine to raise strong concern on the human rights violations being committed by the Arroyo regime.

On cue

Explaining the status of the recent informal talks between the Government of the Philippines and the National Democratic Front of the Philippines held in Oslo, Norway, Rey Casambre, executive director of the Philippine Peace Center, revealed that the Arroyo government’s supposed new policy on peace negotiations with rebel groups - “disarmament, demobilization and reintegration (DDR)”-unveiled only in the latter part of this year, was actually hatched as early as the first quarter of 2007. Casambre presented the document “Enhanced National Internal Security Plan (ENISP)”, a supposed comprehensive national security plan of the Arroyo government which even encompasses the ‘counter-insurgency plan’ “Oplan Bantay Laya II”. The plan already mentions the ‘DDR’ policy and the recommendation to shift to the filing of false charges against the legal left, while continuing with the physical elimination of what the regime considers “enemies of the state”. The Arroyo government announced this new policy as if on cue, he said, after the failed talks with the Moro Islamic Liberation Front (MILF), a Muslim rebel group operating in southern Philippines .


The forum in Amsterdam was attended by several other Dutch lawyers, representatives of Dutch political parties, Filipino migrants and refugees, Dutch and Belgian solidarity activists, researchers, and human rights activists.(Bulatlat.com)
 

     
           
           
     

 

 

PHILIPPINE GOVERNMENT GUILTY OF HUMAN RIGHTS ABUSES!

 

As we commemorate the 60th anniversary of the Universal Declaration of Human Rights on 10 December  2008, we, from Rice and Rights, condemn the government of Gloria Macapagal-Arroyo for its grave violations of the human rights of the Filipino people.

 

It is responsible for the murder of political activists.

The international community has been shocked by the brazen human rights abuses of the Arroyo government and the impunity of the perpetrators.

 

The UN Human Rights Committee in its 94th session in Geneva on October 30, 2008, found the Philippine government guilty of cover-up in the killing of human rights defenders as shown in the case of Eden Marcellana and Eddie Gumanoy.

 

In November 2007, UN Special Rapporteur on Extrajudicial Killings Philip Alston found the Armed Forces of the Philippines implicated in the killing of activists of the political opposition. They have killed and forcibly disappeared more than one thousand journalists, lawyers, labor leaders, peasant organizers, priests, women activists, student leaders and anyone opposing corruption in government and fighting for reforms in society.

 

Fact-finding missions organized by Netherlands-based Lawyers for Lawyers have confirmed the killings, threats and persecution suffered by progressive lawyers and judges.

 

Not one of the perpetrators of these killings and other human rights abuses have been punished.

 

It is responsible for violating the rights of children.

Mariennet Amper, 12, hanged herself on Nov. 2, 2007 inside their humble house because of poverty. In a letter found after her death, she wrote that all she wished for was a pair of school shoes and bicycle for her younger brother and goats for her unemployed parents: her father, Isabelo, a former construction worker and mother, Magdalena.

 

Filipino children suffer the most under the oppressive society that is presided over by the Arroyo government. Children of workers and peasants suffer from the poverty of their parents. They are malnourished. They die from preventable and curable sicknesses like diarrhea because their parents cannot afford the medicine. They are forced to leave school and work even at the tender age of 8 in unhealthy conditions. They are victims of rape, arrest and killing by soldiers and misrepresented to the public as New People’s Army “child soldiers” so that government propagandists can justify the dastardly acts and at the same time discredit the New People’s Army.

On 15 December 2008, Bayan Muna Secretary General Nat Santiago (second from right) brought to the attention of Dutch parliamentarian, Harry van Bommel (third from right), the ever worsening HR Situation in the Philippines and the urgent need for continuing international attention. The Netherlands-Filipino Solidarity Movement facilitated this fruitful meeting.

     

 

Reforms in Philippine society are urgently needed. 

Fundamental reforms are urgently needed to solve the widespread poverty and promote development to ensure a better life for the Filipino people. We call on the solidarity of the Dutch people in condemning the human rights abuses of the Arroyo government and in supporting the struggle of the Filipino people for justice, freedom and democracy.

 

Defend and uphold human rights!

Stop the killings and other human rights abuses in the Philippines!

Support the Filipino people’s struggle for justice, freedom and democracy!

 

 
           

 

Understanding the Context of Continuing
Gross Human Rights Violations in the Philippines
by
Nathanael S. Santiago
Secretary-General
Bayan Muna Party-List

Introduction

I thank the organizers of this activity for bringing together human rights advocates who find common cause and solidarity with the Filipino people. Thank you for giving me the opportunity to share with you updates on and the context of the continuing gross human rights violations in the country, and the Filipino people’s struggle for human rights and for national and social liberation.

Friends, I intend to discuss with you the following topics:

1) Update on the human rights situation and the culpability of the state in the nationwide killings of civilian activists and other gross violations of human rights in the Philippines.

2) Factors that led to the worsening human rights situation and the struggle of the Filipino people for human rights, national and social liberation.


I. Continuing gross human rights violations

Many of you have already known by now the content of the Final Report to the United Nations on November 27, 2007 of UN Special Rapporteur on Extrajudicial Killings Prof. Philip Alston. Prof Alston’s findings point to a state policy of exterminating and persecuting civilian activists.” Prof. Alston wrote:

“Two policy initiatives are of special importance to understanding why the killings continue. First, the military’s counterinsurgency strategy against the CPP/NPA/NDF increasingly focuses on dismantling civil society organizations that are purported to be “CPP front groups”…

Second…the criminal justice system has failed to arrest, convict, and imprison those responsible for extrajudicial executions. This is partly due to a distortion of priorities that has law enforcement officials focused on prosecuting civil society leaders rather than their killers.”

Prof. Alston specifically recommended that President Gloria Macapagal Arroyo, as commander-in-chief of the Armed Forces of the Philippines (AFP), decisively act to remove from the government’s counter-insurgency program the neutralization of civilian activist groups tagged as communist fronts and enemies of the state. It also recommended the dismantling of the Inter-Agency Legal Action Group, the agency created by Mrs. Arroyo to file fabricated charges against leaders of civil society rather than seriously prosecuting their killers.

To date, the President refuses to heed the UN rapporteur’s recommendations. The Armed Forces of the Philippines (AFP) keeps on implementing the much-criticized counter-insurgency strategy. The IALAG still exists to this day and keeps on filing fabricated criminal charges against leaders of civil society rather than their killers. Worse, Justice Secretary Raul Gonzalez heckled Prof. Alston as a mere errand boy of the UN who should not be given importance.

The killings, abductions and harassment of civilian activists started in 2002 and reached its peak in 2005 and 2006. By 2007, we experienced a relative decline in killings and disappearances. The decline in killings is due to tremendous domestic and international pressures we brought upon the Arroyo government and its armed forces.

At this point, friends, we wish to express our heartfelt gratitude for the solidarity and support you have extended in our effort to stem the tide of extrajudicial killings and enforced disappearances of activists and other human rights abuses.

It is the height of hypocrisy of the Arroyo government when it gloated over the decline in killings and bandied it around as a remarkable achievement of her administration in its report to the United Nations. It is like praising the mass murderers and masterminds in high government positions for slowing down their slaughter of innocent civilians!

Until now not a single military or police official has been arrested or jailed for these dastardly crimes. In fact, the main architects and implementors of these heinous crimes had been promoted to higher positions in the AFP, including the notorious Gen. Jovito Palparan and AFP chief Gen. Hermogenes Esperon.

The climate of impunity pervades because the masterminds and murderers have not been punished but instead have been praised and promoted by Pres. Arroyo. Impunity is rearing its ugly head even more this year. There is now a resurgence of extrajudicial killings, aside from the continuing systematic human rights abuses by military and police forces.

The resurgence in human rights violations this year is most evident in Mindanao, in southern Philippines. According to human rights organization Karapatan, Alliance for the Advancement of People’s Rights, of the 23 extrajudicial killings from May to November 2008, 19 took place in Mindanao. This included three members of Bayan Muna – Roel Dotarot (May 15), Danilo Qualbar (November 6) and Rolando Antolihao (November 10).

Arrest orders were issued against 72 leaders and member of various legal organizations for alleged involvement in an ambush by the New People's Army against state security forces in Mindoro Oriental, a province in Southern Luzon. They were denied participation in the preliminary investigation of the case and their rights to due process were violated.

Karapatan has documented 933 cases of extrajudicial killings and 199 cases of enforced disappearances since Arroyo’s presidency began in 2001. A total of 134 members of Bayan Muna have been victims of these extrajudicial killings. The killings have been most rampant in Southern Tagalog, Bicol, Central Luzon, Eastern Visayas and Southern Mindanao regions – areas tagged as priority areas in the government counter-insurgency offensive.

Gross violations of human rights are not unique to the Arroyo government. All the past Philippine governments committed gross violations of human rights against political dissenters and innocent civilians. They only differ in forms, scale and intensity. Karapatan and other human rights organizations have documented, made public and can attest to the bad human rights records of previous Philippine governments.

Certainly, the worst violations of human rights happened during the martial law regime of Ferdinand Marcos. But the Arroyo government is fast approaching the scale and intensity of human rights abuses of the Marcos dictatorship. It has in fact equaled, if not surpassed, the human rights abuses of Marcos in some respect.

II. Main factors behind gross human rights violations

But why are human rights abuses so widespread and so gross in the Philippines and why has it worsened under the Arroyo regime? In answering this question, we have to take into account the following factors:

1. The United States hegemony in the country and its influence over the AFP
2. The Arroyo government's grave crimes and its desperation to suppress dissent
3. The unjust neocolonial and reactionary system, the social discontent that it generates and struggle for human rights and national liberation.

1. The United States influence in the AFP and its hegemonic interests

We are of the view that the US under President George W. Bush is behind the policy against peace talks and for all-out war and the extermination of civilian activists.

Despite formal trappings of independence, the Philippines remains a neocolony of the United States. The US is the most dominant economic, political and cultural force and influence in the country. Its presence and influence is most strong and directly felt in the country’s armed forces.

The US and Philippine governments insists on following the obsolete cold war 1951 US-RP Mutual Defense Pact and the agreement on Joint US-RP Military Advisory Group (Jusmag). The US conducts intelligence gathering, advises the AFP in counter-insurgency strategy and interrogation techniques, and supplies the latter with deadly weaponry.

The new policy initiative which Prof. Alston observed in the counter-insurgency strategy with regards to civilian activists as targets of military attacks was made in the aftermath of the Bush government's declaration of a global “war on terror.”

The Bush regime unleashed in 2001 wars of aggression and systematic fascist attacks on civil liberties on the pretext of anti-terrorism. Pres. Arroyo expressed all-out support to Bush’s war of aggression. Afterwards, a shift in the policy of the Philippine government on war and peace process transpired.

First, the AFP, sanctioned by President Gloria Arroyo herself, decided to implement the new counter-insurgency strategy in 2002-2003 in select provinces in Luzon, in northern Philippines. Then Col. Jovito Palparan made the island of Mindoro Oriental, a province of Luzon, the laboratory of the new strategy patterned after the US' Operation Phoenix in Vietnam. After that, the extermination of civilian activists were adopted and implemented by the AFP nationwide. Dr. Jun Saturay, who lived in Mindoro Oriental, sought political asylum here in Netherlands because of serious threat to his life.

 

 

 

(US Operation Phoenix is a counter-insurgency strategy developed in Vietnam. It aimed to defeat not only the armed guerrilla movement but also to destroy its alleged legal political infrastructure. In practice, it targeted for military attacks legal mass organizations and unarmed, innocent civilians merely suspected of sympathizing with the guerrillas.)

The Arroyo government’s iron-clad policy extends to the negotiating table with the National Democratic Front of the Philippines. The Arroyo government indefinitely suspended the peace talks in 2002 and scuttled the peace process until now. It used lame excuses and later put several impediments against the continuance of the talks. The US and Arroyo governments campaigned for the terrorist tagging of the Communist Party of the Philippines, the New People’s Army, and Prof. Jose Maria Sison, the chief political consultant of the National Democratic Front of the Philippines. The AFP murdered or abducted in the Philippines several consultants of the NDFP peace panel.

Peace negotiations with the Moro Islamic Liberation Front are also imperiled because of the US-Arroyo regime’s treachery and self serving agenda. The Philippine government scrapped the draft agreement on ancestral domain it had forged with the MILF and caused the renewed escalation of armed hostilities in Mindanao.

Mrs. Arroyo is responsible for allowing the return and permanent basing of US military forces in the Philippines, violating national sovereignty and the Constitution and abusing the US-RP Visiting Forces Agreement. The US forces are now engaged in intelligence operations and training and in actual combat operations against armed revolutionary and rebel forces, especially in Mindanao.
 

The Arroyo government forged with the US the Mutual Logistic Support Agreement and the Bilateral Immunity Agreement. The latter agreement makes US troops immune from Philippine criminal suits in the International Criminal Court based in the Netherlands.

2. Arroyo’s grave crimes and rising fascism

Mrs. Arroyo and her government committed grave crimes against the people. She used and abused her power to suppress the truth and all forms of dissent.

Massive election fraud, endemic graft and corruption, gross human rights violations and subservience to foreign powers have reached its height under the Arroyo administration. One exposé after another, directly linking Pres. Arroyo to the said crimes, have deeply undermined Arroyo’s claim to power.

Various surveys show that she has a negative 20 to 30 percent trust and approval rating for months until now. A big majority of the people want Mrs. Arroyo removed for being an illegitimate, corrupt, fascist and puppet president.


Just recently, an impeachment complaint was filed against Mrs. Gloria Macapagal-Arroyo led by Jose de Venecia III, son and namesake of the former Speaker of the House. He was joined by the mothers of missing activists Jonas Burgos, Sherlyn Cadapan and Karen Empeño. Arroyo's allies in Congress played deaf and blind and junked the 93-page impeachment complaint for insufficiency in substance.

The scandal-riddled regime has held on to power by suppressing the truth and repressing any and all form of dissent. She has issued Executive Order 464 (banning the appearance of government officials in congressional investigations without her consent ), Proclamation 1017 (granting emergency powers) and the Calibrated Pre-emptive Response Policy (banning rallies and mass actions) to curtail the people’s civil and political liberties. The Supreme Court has struck these presidential proclamations down as unconstitutional.

President Arroyo as commander-in-chief is responsible for approving and sanctioning the new counter-insurgency strategy to neutralize and exterminate civilian activists responsible for mobilizing hundreds of thousands nationwide against her administration

Mrs. Arroyo, like the dictator Marcos,, is intent on perpetuating herself in power beyond the end of her term in 2010. Her allies in Congress are engaging in a renewed bid to amend the Constitution to make this possible. This, despite numerous surveys showing that the public (67% of those surveyed) is opposed to charter change. She is mortally afraid of criminal suits that she will face once she is out of power.

Mrs. Arroyo is taking the road that the Marcos fascist dictatorship trekked.

Gathering today is a heavy storm of protest coming from almost all social and political groups against charter change and Arroyo’s bid to perpetuate herself in power. A big protest action is scheduled on Friday, December 12 as an opening salvo.

3. Exploitative and oppressive system is the root of massive human rights abuses

The gross and widespread human rights violations in the country is rooted in the exploitative and oppressive system favoring foreign powers and a minority elite.

The financial and economic crises wracking the US, Europe and Japan pales in comparison to the degree of economic crisis, joblessness and mass poverty in the Philippines. Our country has been in a constant period of economic crisis long before the global financial meltdown.

According to the socio-economic think tank IBON Foundation, 82% of Filipinos are poor and live off less than US$2 everyday. The poorest 30% or 5.2 million families have negative savings. The cost of living, now pegged at P 850.00 (US $17) is hardly met by the great majority of the people. The daily minimum wage of P 365.00 ( US$8) in the National Capital Region is not enough to feed an average family of six.

Seventy percent of the peasantry, which comprise the big majority of the total population, do not own the land they till. About 50% of the labor population suffer from unemployment and underemployment. The government understates the unemployment rate at 10% of the total workforce and underemployment at 23%. The phenomenon of mass migration continues, as close to 10 million Filipinos work overseas in order for their families in the Philippines to survive.

Massive landlessness and joblessness in the Philippines are attributes of a backward, semi-feudal, foreign dominated and import-dependent economy.

Industrial capitalist countries such as the US, Japan and European countries dominate and further ravage the economy. They have turned the Philippines into a dumping ground for their surplus capital and products and a supplier of cheap labor and raw materials.

Neoliberal globalization paves the way to the unbridled plunder of our natural resources and exploitation of cheap labor by US, Japanese, and European banks and corporations.

Foreign rule and plunder is perpetuated in cahoots with Filipino compradors and landlords now in control of state power. They use the state to maintain the system of exploitation and oppression of the peasants, workers and professionals. They use their power to plunder our natural resources.

The gross violations of the people’s civil-political, socio-economic and cultural rights by foreign powers and an elite few is systemic in character. The neocolonial and comprador-landlord state and social system is the root of massive human rights abuses. That system has to end.

III. Advancing the struggle for human rights and liberation

The people’s movement in the Philippines is vibrant and determined to fight and advance the rights of the poor and oppressed who comprise the great majority of the population.

Our hopes and our future rest on the growing social movement fighting for human rights and national and social liberation.

Our hopes rest on the peasants’ struggle for genuine land reform and the workers' struggle for just wages and better working condition. Most of all our hopes rest on the Filipino people’s struggle for national liberation from foreign domination and social liberation from comprador-landlord dictatorship.

We are calling on you, friends and human rights advocates to help us in the struggle to:
◦ Criticize and pressure the government of Gloria Macapagal-Arroyo to stop the extrajudicial killings, enforced disappearances, persecution of opposition activists, and other human rights abuses.

◦ Seek justice for the victims of human rights abuses and make Pres. Arroyo and high military, police and civilian officials accountable for their crimes against humanity.

◦ Press for the resumption of the peace talks and genuine peace process between the government and the National Democratic Front and the Moro Islamic Liberation Front.

◦ Fight the US-led war of aggression and economic plunder against the people.

◦ Support the struggle of the poor and oppressed peoples for human rights and for national and social liberation.

           

 

 
 

Google