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By Cecilia R.V. Quisumbing, Human Rights
Commissioner
Statement of the Philippine Commission on Human
Rights at the United Nations Human Rights Council, Geneva, June 3,
2008.
The Commission on Human Rights of the
Philippines (CHRP), an ICC accredited national human rights
institution conforming to the Paris principles, had highlighted the
growing incidence of killings of activists since 2004 and
acknowledges that the Philippine government has taken steps since
2006 to address this issue, including preventing further killings
and working to ensure that criminal cases in court go through the
criminal justice system.
The Philippine Commission expresses its
appreciation for the constructive comments of the Special Rapporteur,
Prof. Philip Alston, and for his recognition that non-state actors
have also played a role in extrajudicial killings. International law
in this area must be developed further to reflect current challenges
in many countries.
The CHRP and the independent Melo Commission
have reached the same conclusion as the Special Rapporteur that
there is no State policy that approves of or encourages such
killings. But, we are of the position that the government must
increase its efforts to ensure that the momentum is not only
maintained but accelerated and these violations be stopped once and
for all.
The judiciary recently conducted a survey on
criminal cases which fall under the definition of political killings
and killings of media practitioners. This is a first step in making
accountable for speedy justice the judges before whom these critical
cases are being heard. We are all waiting for convictions of these
killers and the judiciary is the independent branch of government
with the power to deliver justice in accordance with the law.
Six persons have been convicted, one has been
acquitted, five cases dismissed and 11 have reached the stage of
presentation of evidence by the defense. Justice may have been slow
so far but we can see progress along the spectrum of criminal
trials. Nor can we complain about the dismissal of some cases—the
rule of law, including the burden of evidence is paramount, even
over winning popularity points for convictions at the cost of due
process.
The task force on political killings,
established by President Gloria Arroyo in November, has taken a very
active role, following up cases with prosecutors and clerks of
court, investigations with the police and re-opening new cases.
The commission notes that both government and
civil society report a significant drop in incidences in 2007 and
hopes that this trend not only holds but continues.
There is a notable drop in statements by
military commanders in the field that could be taken to label
activists as enemies of the state and therefore legitimate targets
in counter-insurgency efforts.
More remains to be done.
The fourth commission on human rights, which has
just begun its term this May, has made it a priority to strengthen
its monitoring, including modernizing its information and technology
systems. We will continue to interact with government, give our
perspective on human rights and monitor compliance with
international human rights commitments.
The Philippine Constitution gives the commission
the power to grant witnesses immunity from prosecution as it pursues
investigations into human rights violations—this tool will used
more fully in the coming months to encourage members and former
members of the military and police to come forward with what they
know.
The United Nations recognizes the important role
of national human rights institutions (NHRIs) as domestically
located experts, independent monitors, and bridges between
government and civil society. We hope this will be recognized not
only in the assignment of seats here in the session hall but also in
giving national institutions speaking time separate from that of
other stakeholders. NHRIs are NOT the same as civil society
organizations, nor are they government, they are in a class of their
own.
The CHRP recognizes the importance of special
procedures mandate holders. The visit of Mr. Alston to the
Philippines did not cause the government to act on this issue but
did give impetus to the internal dialogue. Perhaps the council would
be so kind to provide mandate holders with their own seating in the
session hall while they await their turn at the front of the room.
Both special procedures experts and national human rights
institutions deserve adequate seating at the human rights council,
in keeping with the spirit of GA resolution 60/251.
The CHRP appreciates the acknowledgement of the
Special Rapporteur made of the independence and work of the
commission. We have institutionalized capacity building programs for
personnel to improve monitoring and protection in areas with major
military operations. The commission, however, is concerned about
being given prosecutorial powers, which may give rise to a conflict
of interest as the monitor of human rights remedies at the domestic
level.
As the bridge between civil society and
government, between the national and international, the Philippine
Commission on Human Rights hopes to strengthen links with civil
society especially in documenting incidents and gathering evidence
to strengthen the prosecution of perpetrators, and we would
appreciate increased cooperation between civil society organizations
and the Commission on Human Rights towards this goal.
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