Site
of the Maguindanao massacre. (Photo by Mark Navales) |
Why Philippines is
ranked 3rd dangerous place for journalists, activists
By Asian Human Rights
Commission
April 17, 2014
HONG KONG – Recently, the
Committee to Protect Journalists (CPJ) published its report ranking
the country as 3rd “most deadly for journalists,” next to Iraq and
Somalia. In another report, the Global Witness ranked the country as
the 3rd “most dangerous" for environment and land defenders worldwide,
next to Brazil and Honduras, where indigenous people struggle for
control of their lands.
The comments and analysis
offered by the experts on the report, apart from their ranking of the
country, explains that after over ten years of these routine,
systematic and widespread attacks on human rights defenders in the
country, we have yet to understand the system that allows these
killings to happen.
Take for example, the
comment by Rupert Abbott, Amnesty International's Deputy Asia Pacific
Director, that “effective investigations and prosecution for crimes
involving human rights violations are rare.” From the AHRC work
documenting cases for a decade now, it is not an issue simply of
“rarity”, but rather that effective investigation and prosecutions are
prevented or obstructed. There is a distinction between rarity and
from being obstructed.
In the Philippines, those
who could have played an enormous role to ensure that the
investigation and prosecution of cases – like the complainants,
witnesses and families of the victims – have no protection. The
absence of protection certainly results in the poor investigation and
prosecution of cases. No police or prosecutors can ensure their
investigation and prosecution is effective if they have no
complainants, no witnesses and the families would not talk to them. No
complainants means there is no case.
The police and prosecutors
know this full well, but neither the police nor the prosecutors do
anything about it. It is the problem of “not doing anything” by the
State and its agents despite knowing the problem that prevents and
obstructs any forms of an effective and adequate investigation. It is
not a problem of a rarity of effective investigation. It is the
inaction and acts of omission by the police and prosecution that makes
effective investigations a rare phenomenon.
While it is partly correct
that the problem of unabated extrajudicial killings in the Philippines
is a “systemic problem in the country's criminal justice system”;
however, our question is: is the country’s system of justice founded
and based on fundamental protection of the right to life? As we have
seen, for many years, western countries, notably European countries,
have invested so much in improving and developing the country’s
criminal justice institutions. The police are given training on
effective investigation by foreign experts; so are the public lawyers
and prosecutors on prosecuting.
Thus, if we rely on this
thesis that the problem is purely “systemic” then it would assume that
solutions could be improving the system, like training and building of
the capacity for investigation and prosecution. Of course, we are not
discounting the importance of training and capacity building; however,
has there been any credible assessment that these methods prevented
extrajudicial killings; or have they led to the arrest, detention and
punishment of the perpetrators? No.
Not even those perpetrators
from within the police and the military, the likes of retired military
General Jovito Palparan have been arrested. One of the core problems
in the Philippines is not the rarity of the effective investigation
and prosecution from happening; or, the problem can be address by
developing their capacity to investigate alone. The problem is that
the security forces involved in extrajudicial killings, enforced
disappearance and torture of human rights defenders could not be held
to account by the law. They are rewarded, promoted and go unpunished.
So, how can the police and
prosecutors carry out an effective investigation and prosecution
respectively if the perpetrators are rewarded?
This pattern is not
difficult to understand. In fact, within his own backyard, President
Benigno Aquino III, in Hacienda Luisita, where seven farmers who were
demanding the rightful distribution of their land were killed by the
security forces on November 2004. None of those who killed the
protestors were punished. In fact, six or seven more activists and the
witness to the massacre were subsequently killed.
Also, the possibility of
putting perpetrators in jail, like the “two suspects have been jailed”
as mentioned in the Global Witness report also depends on who the
perpetrators are, who are the victims and who they are associated
with. There is deeply held bias and prejudice. The possibility of
punishment for the perpetrators is often measured on this. Some could
get some protection and relief; others do not have any at all.
In the experience of the
AHRC, there is a pattern of unequal application of the law in
arresting, prosecuting and detaining perpetrators to the murders of
journalists and human rights and political activists. Only those
persons whom the security forces and the government would consider as
‘not a threat to the internal security and its interest’ are likely to
get some form of protection and relief.
For example, protective
security was provided to Arthur Sapanghari, a broadcast journalist;
and his family, as they were facing threats for reporting corruption,
illegal logging and human trafficking in Bukidnon, Mindanao.
Obviously, Arthur was provided security because he himself is
involved, in the words of the police, “actively participates in the
peace and order campaigns in Valencia City.”
But how about those victims
and those families who protest against the police? In cases where the
policemen are themselves the perpetrators of extrajudicial killings?
Do they provide protection to the complainants, witnesses and
families? No.
The absence of protection is
clearly demonstrated in the case of Myrna Reblando and her family.
Myrna, widow of one of the victims of the Maguindanao massacre, has
pursued prosecution against the local politicians, the police,
soldiers and paramilitary forces responsible. In her case, she had to
leave the Philippines because neither the police nor the prosecution
could offer her adequate protection.
Her experience is similar to
the case of Florence “Dom-an” Macagne, widow of Jose “Pepe” Manegdeg, a
social activist who was killed by a soldier in November 2005. Despite
her own and her family’s repeated appeals: from the police and
prosecution to adequately investigate her husband’s case, and to
provide protection to the key witnesses who had identified the soldier
as the perpetrator, they did nothing. The court had to dismiss the
case because the witnesses withdrew due to insecurity. The victims’
family has to go in hiding due to insecurity.
The problem in the
Philippines is deep and one that is yet to be understood both by the
victims, their families, and those who could play a role to support
them. Without adequately understanding the problems, the rituals of
ranking, may help draw attention to them, but could not move and
provoke new ideas that could help in resolving the problem.