Gloria Arroyo’s Human rights records go on trial before UN

April 9, 2008

A day of reckoning faces the Arroyo administration when the United Nations (UN) Human Rights committee takes up incidence of civil and human rights violations in the country in Geneva, Switzerland.

Extra-judicial killings, human rights violations, curtailment of press freedom and the government’s anti-terrorism law are four of the key issues to be taken up during the review.

A report compiled by the Office of the High Commissioner for Human Rights cited the UN’s Human Rights committee’s concern over the lack of appropriate measures to investigate crimes allegedly committed by local state security forces and agents against leftist activists, human rights defenders, journalists and leaders of indigenous peoples and the lack of measures taken to prosecute and punish the perpetrators.

The UN was also concerned over reports of “intimidation and threats of retaliation impeding the right to an effective remedy for persons whose rights and freedoms have been violated,” according to the report.

The report will be presented during the UN’s Universal Periodic Review on the human rights situation in the Philippines on April 11 at 2:30 p.m. (8:30 p.m. Manila time).

It also said the issue of impunity raised by the

UN’s Special Rapporteur, civil society groups and international human rights groups.

“For example, the Special Rapporteur on extrajudicial, summary or arbitrary executions noted that no one has been convicted in cases involving leftist activists, and only six cases involving the deaths of journalists have resulted in convictions,” it said.

It added that the Special Representative of the Secretary-General on the situation of human rights activists noted that in most cases of communications relating to alleged killings sent to the government, preliminary measures of investigation have been taken but no perpetrators of such violations have yet been brought to justice.

The report also noted the government’s policy to limit the rights of free speech and assembly, saying it is a “serious evil to public safety, public morals, public health, or any other legitimate public interest.”

It also mentioned the harassment against the media when President Arroyo declared a state of emergency in 2006 to thwart a possible military coup.

“In recent years, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression as well as the Special Representative of the Secretary-General on the situation of human rights defenders have noted with concern the insecurity surrounding journalists, reporters and those attempting to protect human rights in the Philippines, and have sent communications to the Government relating to alleged arrests of and charges brought against, for example, journalists for rebellion or libel, as well as alleged raids of the editorial office and printing press of a newspaper or of a radio station,” the report said.

On counter-terrorism, the report said that last year, the Special Rapporteur on the promotion and protection of human rights raised concerns regarding the Act to Secure the State and Protect our People from Terrorism or the so-called “Human Security Act of 2007.”

It specifically cited the definition of “terrorist crimes”, which according to the UN “is overly broad and therefore at variance with the principle of legality..”

The UN report also expressed concern on the strict application of a penalty of 40 years’ imprisonment, which may undermine judicial discretion in individual cases and may result in a disproportionate punishment due to the broad definition of terrorist acts.

It also questioned the competence of various bodies authorized to review the detention of an individual since some of their members are also members of the executive rather than independent judicial bodies.

The report also raised the issue on the restrictions on movement, including the imposition of house arrest where the legal basis is simply “in cases where evidence of guilt is not strong” rather than positive suspicion or a higher evidentiary threshold.

Meanwhile, the Philippines, in a 26-page report submitted to the UN, maintained that human rights promotion and protection shall remain at the forefront of the government’s foreign policy.

“The Philippine government has taken firm measures to address the problem of extrajudicial killings and enforced disappearances,” the report said, adding that addressing this most urgent concern, by bringing their perpetrators to justice and preventing such killings in future, remains a priority of government.

It also reported to the UN that the incidence of killings of activists and media dramatically declined from 2006 to 2007.

The government report also listed down its achievements in resolving extrajudicial killings, such as the establishment of a fact-finding commission and its invitation of a UN Special Rapporteur to personally look into the killings.

“As a concrete manifestation of the Philippines’ willingness to cooperate with the international human rights system, it invited UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Professor Philip Alston, in February 2007,” it said.

“The unwavering commitment of the Executive Branch of government to address this concern has been complemented by the Judiciary. The Supreme Court has instructed all courts to prioritize such cases now pending in Philippine courts. It also convened the National Consultative Summit on EKJ and Enforced Disappearances (Summit), and the recommendations generated during the Summit resulted in proposed legislation in congress and the promulgation of the Rule on the Writ of Amparo, and the Rule on the Writ of Habeas Data,” it said.

Since the promulgation of the rule on the Writ of Amparo, 25 petitions have been filed, with 20 writs issued, the government said.

To place greater emphasis on human rights training, education and information, the government reported to the UN that Memorandum Order No. 258 was issued to institutionalize human rights education and training of law enforcement, police, and military and prison personnel.

“The Human Rights Offices of the AFP and PNP, apart from their pursuit of continuing education programs and planning for human rights, are likewise tasked among others, to receive formal complaints on alleged violations of human rights and international humanitarian law, and to undertake the appropriate investigation,” it said.

By Michaela P. del Callar

source: http://tribune.net.ph/headlines/20080410hed3.html

Bookmark to: