v11n0203

Recommendations

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4 adoption of laws, and begin to understand and address the need for effective implementation of these in practice. This issue is to be launched at a time of increased scrutiny by the international human rights system, making a reality-check timely. As this report is released, the united nations human Rights Council will adopt the outcome report of the universal Periodic Review (uPR) of the Philippines’ human rights record in late September 2012. The uPR is a state-led peer review mechanism under which all un member-states’ domestic human rights records are reviewed, and recommendations are made. A few months later, the Philippines’ record concerning its obligations under the International Covenant on Civil and Political Rights (ICCPR) will also be reviewed by the human Rights Committee. This review by the Committee as well as the uPR represent significant opportunities for the international system to gain understanding about key human rights issues in the country, and to make recommendations based on these that they continue to press the government to implement. however, these reviews will only be of use if they are based on an understanding of the true problems affecting the Philippines’ human rights system. The government of the Philippines accepted a number of recommendations made by other states during the uPR, which took place on may 29, 2012. The ALRC notes that many recommendations concern the types of violations that are documented in this report. Examples of such recommendations are included in the appendices of this report. These are welcomed, but the ALRC believes that a piece of the puzzle is still missing. many recommendations call on the authorities to take the kinds of actions that are currently not possible in the Philippines, such as the launching of impartial investigations into abuses by state agents. By omitting any reference to the lack of mechanisms to effectively and systematically register complaints, launch the kind of investigations that are effective when state agents are the alleged perpetrators of violations, and launch effective prosecutions – throughout all of which effective protection needs to be provided to complainants and witnesses – recommendations to the government have missed an opportunity to focus sufficiently on the specifics that can make a difference. There is a significant need for the international discourse on national human rights situations to become more nuanced, in order for recommendations to be more relevant and measurable, and for the lack of implementation thereof by government to be less easy to side-step. It is essential for institutional and legal reforms to be at the heart of the discourse concerning the protection of human rights. Contributions This report was prepared by Danilo Reyes, programme officer of ALRC, with the contribution of many individuals and local human rights groups. This report would not have been possible article 2 � June-Sept 2012 Vol. 11, No. 2-3
without their enormous contribution and helpful insights. These groups are: Action and Solidarity for the Empowerment of Teachers (ASSERT) Alliance for the Advancement of People’s Rights (KARAPATAn) Bangsamoro Center for JustPeace Cavite Ecumenical movement for Justice and Peace (CEmJP) Center for Trade and union human Rights (CTuhR) Consortium of Bangsamoro Civil Society, Inc. (CBCS) Cordillera People’s Alliance (CPA) Katipunan ng mga magbubukid sa Timog Katagalugan (KASAmA-TK) Kilusan Para sa Pambansang Demokrasya (KPD) mindanao human Rights Action Center (minhRAC) mindanao People’s Caucus (mPC) moro women’s Center, Inc. national union of People’s Lawyers (nuPL) nonoy Librado Development Foundation (nLDF) Partnership for Agrarian Reform and Rural Development Services (PARRDS) youth network for human Rights and Civil Liberties (TAngguLAn) Task Force mapalad (TFm) Task Force Detainees of the Philippines (TFDP) The Ramento Project for Rights Defenders union of People’s Lawyer in mindanao (uPLm) urban Poor Associates (uPA) workers Assistance Center, Inc. (wAC) This report is dedicated to the victims, their families, witnesses and the groups mentioned above, who have never given up on the hope for a humane Filipino society. we hope that this report will contribute to their ongoing quest for justice and the protection of rights. mr. Reyes wishes to pay special tribute to: Bong Reblando, neneng montano and Ian Subang, his friends who were amongst those killed in maguindanao massacre; Cris guarin and Ely Benoya, his former news buddies who were murdered in January 2012 and June 2004 respectively; his good friend activist Rashid “Jun” manahan, who was killed in August 2004; activists gerardo Cristobal and Gerry Ortega, whom he briefly met before they were killed in march 2008 and January 2011 respectively; and to the many others who cannot be named for their own protection and security. article 2 � June-Sept 2012 Vol. 11, No. 2-3 5
Page 1: Vol. 11, No. 2-3 June-Sept 2012 ISS
Page 4 and 5: 2 article 2 � June-Sept 2012 Vol.
Page 8 and 9: A villager securing copies of polic
Page 10 and 11: “ Police often treat the taking o
Page 12 and 13: “ The victim’s story was scruti
Page 14 and 15: “ Witnesses testify in fabricated
Page 16 and 17: “ The court issued an order of ar
Page 18 and 19: “ The judiciary invariably issues
Page 20 and 21: “ A parallel system has developed
Page 22 and 23: “ Killings of activists that are
Page 24 and 25: Banner of Bishop Ramento’s quoted
Page 26 and 27: “ Hacienda Luisita could have tur
Page 28 and 29: “ The Philippines stipulated in a
Page 30 and 31: “ I argue that these open-ended a
Page 32 and 33: “ The Maguindanao massacre is pro
Page 34 and 35: “ There was no immediate clear in
Page 36 and 37: “ I was told that I could demand
Page 38 and 39: “ The protection that was given t
Page 40 and 41: Lolita San Felipe (left), grandmoth
Page 42 and 43: “ After 15 years Moleo finally ac
Page 44 and 45: 42 Unsolved killings,disappearances
Page 46 and 47: “ They told Rahim that if he did
Page 48 and 49: “ The PAO lawyers and the victim
Page 50 and 51: “ Mestiri was then instructed to
Page 52 and 53: “ They submerged Musa into a drum
Page 54 and 55: “ Ajid was produced in court wher
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“ The complaints heavily relied o
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“ Patigas had difficulty in seeki
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“ One of the witnesses was able t
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“ One of the charges the police a
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“ The policemen denied deliberate
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“ Two police units engaged in an
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“ The police did not properly exp
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“ Katog rushed to embrace his dau
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“ The soliders deliberately demon
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“ I’m warning you that if in ca
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“ One of the policemen hit Zuluet
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“ The arresting officers, however
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“ Soldiers forcibly took Julito
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“ The victims were taken to a hea
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“ An eyewitness had informed resi
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“ Since his arraignment he was ne
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“ Balao mentioned to his family t
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“ Army Sergeant Tanega knew the i
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“ When Pastor Tagud opened the en
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“ It took sometime for his collea
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“ There were no charges filed aga
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96 of his belly due to police beati
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“ Nestor Villanueva suffered inju
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“ Cristobal survived an attempt o
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“ When the soliders arrived on ru
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“ Assuming that Romagus was alrea
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“ A person claiming to be a soldi
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“ Search for the souls you’re l
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“ The soldiers and paramilitary b
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“ The policemen involved in Tolen
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“ The corpse was severely mutilat
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Violent dispersal of public school
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Palparan, who is now in hiding in r
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“ When perpetrators noticed that
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The police officers threatened to t
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Florence Manegdeg The complaint was
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The organizations the soldiers had
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Normelita Galon Photo: Philippe Rev
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The office of the Rosario Municipal
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The police informed the victim’s
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The Balbuenas sought police assista
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Ocampo was allegedly included in th
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The military’s claim was denied b
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The soldiers took the victims’ bo
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Rubrico recounted that she was inte
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When Burgos family called him altho
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“ Gandinao testified about the ki
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61 in gumaca, Quezon, he was allege
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“ In open court, however, Mariano
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152 2009 Anti-Torture Act, and an a
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154 11. Torture: The gotP received
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156 fact that they were perpetrated
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158 government’s failure in this
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160 article 2 � June-Sept 2012 Vo
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162 Rights of Persons Arrested, Det
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164 were conducting ruling that the
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166 of unjust imprisonment or deten
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168 the Philippines’s (AFP) milit
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170 the police investigates the cas
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172 4.12. under section 1 of the me
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174 presence of any of the parents,
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176 b. Concerning Section 13 of the
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178 article 2 � June-Sept 2012 Vo
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180 129.19. Reinforce its training
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182 Enforced Disappearance and enac
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184 131.24. Revoke executive order
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In this issue of article 2 SPECIAL
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