FINAL REPORT - Philippine Center for Investigative Journalism

These are not new to the ordinary Filipino as the present legal and judicial
system has not worked in their favor and interests and has kept a lot of
criminals and human rights violators scot-free through legal delays, undue
technicalities or threats of reprisals. Cynicism and erosion of confidence in
legal and judicial institutions and processes is prevalent. On the other
hand, many members of progressive organizations and ordinary poor
people are at once put to jail via fabricated charges without the benefit of
their rights. The criminalization of what appears to be clearly political
offenses as in the case of 7 farmers in Cagayan in Northern Luzon
continues.
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In sum, the engenderment and impunity for human rights violations are
borne by a combination of an utter lack of people-oriented political will of
the government to genuinely address, promote and protect the human
rights of the people which are being sacrificed under the invocations of
“development,” “counter-insurgency,” “national security” and “war against
terror.” It is manifest in the recurrence of violations, the non-accountability
of perpetrators, the condonation of atrocities and the ineffective or merely
formal or nominal gestures and legal enactments.
4. Concluding observations of the United Nations Human Rights Committee
which was based on reports submitted by the Philippines under Article
40 of the Covenant and adopted at its 2153 rd and 2154 th meetings held
on 30 October 2003, and which observed among others:
The Committee is concerned about the lack of appropriate measures to
investigate crimes allegedly committed by state security forces and agents,
in particular those committed against human rights defenders, journalists
and leaders of indigenous peoples, and the lack of measures taken to
prosecute and punish the perpetrators. Furthermore, the Committee is
concerned at reports of intimidation and threats of retaliation impeding the
right to an effective remedy for persons whose rights and freedoms have
been violated.
5. Report of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people submitted by Mr. Rodolfo
Stavenhagen in accordance with the UN Commission on Human Rights,
dated March 5, 2003, which concluded, thus:
The Special Rapporteur is concerned about multiple reports of serious
human rights violations involving indigenous peoples, within the
framework of a process of militarization of indigenous persons. Such
abuses include attacks upon the physical integrity and security of
indigenous persons, dispossession and destruction of property, forced
evacuation and relocation, threats and harassment, disruption of the
cultural and social life of the community, in other words, the violation of
civic, economic, social and cultural rights. This situation has several
aspects. On the one hand, it involves units and military personnel of the
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