Report on Extrajudicial Killings and Enforced Disappearances in the Philippines
Human Rights Now (HRN) has released its ‘Report on Extrajudicial Killings and Enforced Disappearances in the Philippines‘. The report details the results of an April 2007 fact finding mission, the full HRN report is now available.
Hundreds of social activists and human rights defenders have been unlawfully killed as well as subjected to enforced disappearances in the Philippines since the Arroyo Administration came into power. Human Rights Now (HRN), a Tokyo-based international human rights NGO, conducted an investigation into extrajudicial killings and enforced disappearances in the period from April 14th-21st, 2007.
The fact-finding mission conducted interviews concerning 15 cases of extrajudicial killings (involving 33 victims) and three cases of forced disappearances (involving 9 victims). Additionally, the team conducted interviews to help understand the ongoing background situation in relation to these human rights violations.
In most of the cases investigated, the HRN fact-finding team found that the killings, disappearances, and torture could be attributed to or could most likely be attributed to the military or police forces of the Philippines.
Firstly, from among the cases investigated by the fact finding team, in 8 out of 15 cases of extrajudicial killings, the witnesses identified the perpetrators as elements of the Armed Forces of the Philippines (AFP) or belonging to the Citizens Armed Forces Geographical Unit (CAFGU), the army or paramilitary organization under the control of the army. In two of the three forced disappearance cases, witness and released victims clearly testified about the military’s involvement.
Secondly, all extrajudicial killing cases have several patterns in common, such as: (a ) the victims are limited to certain groups; (b) victims were condemned by the government or AFP as an “enemy of state” or NPA front; (c) victims were publicly exposing human rights violations allegedly committed by the AFP; (d) victims were harassed, received death threats, encouraged by the military to stop their leftist activity, or under persistent surveillance. The team detailed its finding in the report.
In terms of the number of killings, we recognize that more evaluation and clarification is necessary to determine the exact number. What is important to note is that a number of extrajudicial killings were indeed committed by state agencies.
HRN has grave concerns about the characteristics of the targeted victims in these killings. In the cases we investigated, the victims include highly respected lawyers, human rights activists, union leaders, a church bishop, a city councilor and left-wing activists. Most of the victims were advocates for the rights of ordinary citizens. Such killings perpetuate fear among the people and have a chilling effect on the society as a whole. It undermines freedom of expression, and ultimately, democracy in society.
HRN also has grave concerns that despite the facts stated above, perpetrators within the government have not been brought to justice and human rights violators are acting with impunity. The fact-finding team found that it is extremely uncommon for the perpetrators of extrajudicial killings and abductions to be arrested or face trail.
From among the 15 extrajudicial killing cases we investigated, only one case has been prosecuted, no case resulted in a conviction, and the alleged perpetrators are still on active duty in the military. HRN found the systematic failure of investigations of the extrajudicial killing cases by the police, and the Philippine National Police Task Force continuously disregards accounts from victims’ families. Although the judiciary established new procedure to address the enforced disappearances, such as a ‘writ of amparo’ and ‘writ of habeas data’, many victims of disappearances remain missing with little cooperation of the military.
Impunity has brought about future human rights violations. For instance, the mission found that one military personnel who allegedly perpetrated extrajudicial killing of human rights activists in 2003, is also the perpetrator of rape and torture of the abducted student.
As a State party to the International Covenant on Civil and Political Rights (ICCPR), the State of the Philippines has a legal duty to ensure the right to life. In the case of extrajudicial killings and enforced disappearances, the government has an obligation to thoroughly investigate, identify the responsible persons, including not only actual perpetrators, but also identifying the chain of command, as well as ensuring reparation for the victims. HRN urges the Philippines government to conduct a thorough investigation of the human rights violations and fight against impunity to restore the rule of law and to prevent future recurrences.
The fact finding team underscores that the root cause of the extrajudicial killing and enforced disappearances in the Philippines is the national counter insurgency policy, which does not differentiate between the NPA, armed rebels, or legal organizations and activists. HRN obtained a copy of the ‘Oplan Bantay Laya’, a document detailing the military’s counter insurgency strategy, and found that it stated “neutralization of the target”. Legitimate civil society organizations, such as human rights groups, farmers’ organizations, labor organizations, religious organizations and other leftist organizations are labeled as an “enemy of state” “NPA front”. Accordingly, they are targeted for elimination in the course of counter-insurgency operations. Extrajudicial killing is a highly probable measure of such elimination. In order to protect the fundamental human rights of civilians in the country, the Arroyo administration must put an end of the counter insurgency policy which links legal organizations and activists to the insurgents, and targets civilian for neutralization.
HRN is aware of the human rights violations by non state actors in the country. The fact that non state actors are committing human rights violations does not negate the state’s own obligation to protect human rights. At the same time, HRN urges all parties involved in internal conflicts in the Philippines to adhere to international humanitarian law and refrain from attacks upon and abuse of civilians.
Lastly, HRN calls upon the government and CPP/NPA to proceed with peace negotiations and take steps to implement the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).
The International Community, in particular the Japanese government, the Philippines largest donor country, should play a meaningful role in actively helping restore human rights and peace in the Philippines.
Report on Extrajudicial Killings and Enforced Disappearances in the Philippines HRN_2008 PDF