Observatory for the Protection of Human Rights Defenders Annual Report 2007 - Philippines

Political context

In 2007, the Philippines continued to witness a great number of extrajudicial executions. The main victims of these killings were left-wing political opponents, journalists, activists fighting against the mining companies, leaders and members of organisations of peasant farmers and fishers, of teachers' and women's associations, or of trade unions, which the authorities view as being close to the Philippine Communist Party and its armed wing, the New People's Army (NPA). According to the organisation PAHRA, 409 cases of arrest and arbitrary detention were registered between January 2001, the year in which Ms. Gloria Macapagal Arroyo became President of the Republic, and September 2007. 259 cases of enforced disappearance were also registered as of December 10, 2007.¹ According to KARAPATAN, there were 68 victims of extrajudicial executions in 2007. Although the number of executions and cases handled by the Observatory has diminished in 2007, probably as a result of the national and international outcry resulting from the unprecedented degree of violence of preceding years, the words and actions of the authorities remain however the same and the political, social and legal organisations are still a favourite target for repression.

The Government has adopted a number of limited measures to put an end to extrajudicial killings. In January 2007, the independent commission set up in 2006 to investigate assassinations of journalists and activists – the Melo Commission – stressed in its report that certain members of the armed forces share responsibility for an unspecified number of killings by permitting and tolerating, even encouraging them. Furthermore, on September 25, 2007, the Supreme Court adopted a resolution authorising the recourse to amparo, which may be invoked by "any person whose life, liberty and security is violated or threatened with violation by an unlawful act or omission of a State official or of a private individual or entity". The possibility of access to such recourse, which application is retroactive, constitutes undeniable progress.

However, impunity remains the rule in the Philippines. In particular, as Mr. Philip Alston, United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, noted following his visit to the country in February 2007,² no member of the armed forces, whose responsibility in a great many cases of extrajudicial executions or enforced disappearance is in no doubt, has been prosecuted. Indeed, the police are often reluctant to investigate violations involving the army. Furthermore, there is no effective witness protection programme, which explains why witnesses are reluctant to give evidence because of the considerable risks involved.³

Criminalisation of human rights activities under the pretext of the fight against terrorism and "communist insurrection"

In 2007, the Government continued its policy of criminalising and stigmatising human rights activities as part of the fight against terrorism and against the NPA. The Human Security Act (HSA), or anti-terrorism act, came into force on July 15, 2007, with the risk of reinforcing impunity in the country and further diminishing the protection of civil liberties. As a matter of fact, this law broadens the executive's powers and permits the indefinite detention of all persons suspected of having committed or taken part to terrorist acts (Article 19). It also broadly defines terrorism as committing an act punishable under any of a list of provisions with the intention of "creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the Government to give in to an unlawful demand" (Article 3). The new law also gives very broad powers to the Anti-Terrorism Council, which is made up of Government officials. In particular, it may order the speedy investigation and pursuit of any person accused of terrorism, freeze the assets and bank accounts of persons suspected of terrorism, and give monetary rewards to informers who might help terrorists to be arrested. The act does not address the issue of the eventual responsibility of members of the Anti-Terrorist Council for human rights violations they might commit in the exercise of their far-reaching powers.⁴

Furthermore, Government officials continued to label human rights defenders as "communists", "left-wing" or "enemies of the State", which encourages the reprisals carried out against them by army and paramilitary forces involved in counter-insurgent operations.⁵ For instance, on November 2, 2007, Mr. Ricardo Belamia y Beceril, a member of the workers' rights organisation Kilusang Mayo Uno (KMU) and the National Federation of Labour in Cebu, was arrested at his home and charged with "rebellion" by the Danao City Court. He was accused in particular of being an NPA leader.

Finally, in July and August 2007, during the Meeting of Ministers of the Association of Southeast Asian Nations (ASEAN) in Manila from July 21 to August 2, 2007, the Government drew up a blacklist banning around 500 people from entering the country, including expatriate Filipinos. Included in the list were members of foreign non-governmental organisations such as the Centre for Constitutional Rights (CCR), an American organisation, or Philippine organisations such as Gabriela/Gab Net, a worldwide network of women who denounce human rights violations in the Philippines.⁶

Union and peasant leaders, a favourite target for repression

In 2007, as was the case in 2006, the killings of several peasant leaders were linked to the agrarian reform law. Police investigations are very inadequate in these cases and the rich and powerful landowning families benefit from total impunity. This is the case, for example, of Mr. Franklin Cabiguin Labial, a peasant leader who was shot and killed on August 10, 2007 in Mindanao. In July he had received death threats after he had queried the application of the Comprehensive Agrarian Reform Law and condemned the killings of peasants and indigenous people who had claimed their right to obtain a parcel of land. In 2007, numerous union and peasant leaders were also subjected to judicial proceedings, aggression and kidnapping.

Similarly, peaceful demonstrations protesting against conflicts linked to the agrarian reform were repressed on a regular basis. On September 7, 2007, several peasant farmers were injured when police used violence to disperse their peaceful rally in front of the headquarters of the Department of Agrarian Reform (DAR) in the city of Quezon and, on January 12, 2007, three trade union leaders were arrested during a peaceful demonstration in front of the Cebu International Convention Centre in the city of Mandaue and accused of "disobeying the security forces".

Moreover, the Committee on Freedom of Association of the International Labour Organisation in its 346th Report recalled "that all practices involving the blacklisting of trade union officials or members constitute a serious threat to the free exercise of trade union rights [...]"⁷ and requested the Government "to keep it informed of the progress of the investigation to be carried out by the special joint fact-finding body concerning the killings of trade union leaders and members [...]" and "to give adequate instructions to the law enforcement authorities so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations".⁸

The Observatory for the Protection of Human Rights Defenders is a joint programme of the World Organisation Against Torture (OMCT) and the International Federation of Human Rights (FIDH).

1 See PAHRA, Statement on the Occasion of the 59th International Human Rights Day.

2 See United Nations document A/HRC/4/20/Add.3, March 22, 2007.

3 In its Resolution P6_TA (2007) 0171, adopted on April 26, 2007, the European Parliament "condemn[ed] in the strongest terms the murder of Mrs. Siche Bustamante-Gandinao, a dedicated human rights activist who was killed just days after testifying to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions", [...] "and call[ed] on the Philippine government to adopt measures to end the systematic intimidation and harassment of witnesses in connection with prosecutions for killings and to ensure truly effective witness protection [...]".

4 On March 12, 2007, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Mr. Martin Scheinin, spoke of his concern that the law establishes "an overly broad definition [of terrorist acts] [...] incompatible with article 15 of the International Covenant on Civil and Political Rights", and that "various bodies [are] authorized to review detention of an individual since some of these are members of the executive rather than an independent judicial body" (See United Nations Press Release, document HR/07/36/E, March 12, 2007).

5 To that extent, the European Parliament stressed that "most of those killed, such as opposition party members, church people, community leaders, peasants, journalists, lawyers, human rights activists, trade unionists or simply witnesses of extrajudicial killings, have been accused by government representatives of being members of front organisations for illegal armed groups and "terrorists"" (See European Parliament Resolution P6_TA (2007) 0171, April 26, 2007).

6 See Press Releases of Gabriela, August 17, 2007, and Human Rights Watch, September 28, 2007.

7 See International Labour Organisation (ILO), 346th Report of the Committee on Freedom of Association, Complaint against the Government of the Philippines presented by the Federation of Free Workers (FFW) – Visayas Council, June 2007.

8 See ILO, 346th Report of the Committee on Freedom of Association, Complaint against the Government of the Philippines presented by the Kilusang Mayo Uno (KMU) Labour Centre, June 2007.