Tall tales on
human rights situation expected from PH gov’t on 4th UPR
A press statement by
KARAPATAN Alliance for the Advancement of People's Rights on the 4th
cycle of the Universal Periodic Review at the UN Human Rights
Council
November 14, 2022
There is nothing new with
the Philippine government’s report on the human rights situation in
the Philippines, when it is subjected to the 4th cycle of the
Universal Periodic Review at the UN Human Rights Council.
We expect the tall tales
and big words – “transformational reform,” “real justice in real
time” – which are empty rhetoric. The same words were used during
diplomatic briefings, statements, and reports to the UN Human Rights
Committee.
But facts, experiences and
implementation of policies on the ground reveal the realities.
According to the UP Third
World Studies Center, from July 1, 2022 to November 7, 2022, 127
individuals died in Marcos Jr.’s drug war. Majority of them were
killed by state agents, despite the Philippine National Police’s
claims of “bloodless” anti-narcotics operations under the Marcos Jr.
administration.
There is almost no
successful prosecution and zero final convictions of perpetrators in
the sham drug war of former President Rodrigo Duterte. The drug war
review panel has been reporting investigations on a number of cases
– but then again, investigations on extrajudicial killings incidents
since 2016 can barely be considered as “real justice in real time.”
Karapatan agrees with
International Criminal Court Prosecutor Karim Khan, in his
statements in September 2022, that the Philippine government has not
demonstrated that it has conducted or is conducting national
investigations on the thousands of cases of extrajudicial killings
in the drug war that mirror the probe previously authorized by the
ICC’s pre-trial chamber. And hence, the ICC chamber should commence
investigations, despite the Philippine government’s refusal to be
subjected to such.
Karapatan documented 442
civilians, mostly peasants, indigenous and Moro peoples killed
during the Duterte administration’s counterinsurgency campaign. At
least 222 of them are human rights defenders. Ten civilians have
been reportedly killed by elements of the Armed Forces of the
Philippines during the first three months of the Marcos Jr.
administration, while four defenders have been forcibly disappeared.
According to a report in
June 2020, the Task Force on Administrative Order 35 mechanism,
which has been mandated to solve cases of political violence in the
form of extra-legal killings (EJKs), enforced disappearances (ED),
torture and other grave violations of the right to life, liberty and
security of persons, handled 385 cases since 2001, with 270 cases of
extrajudicial killings, 28 cases of enforced disappearance, 7 cases
on international humanitarian law, and 80 cases of torture. During
the said period, Karapatan has documented 1,953 extrajudicial
killings, 252 enforced disappearances, and 1,570 victims of torture.
In the TF’s ten years, it
has attained convictions in only 13 cases, that is about only 3% of
the 385 cases. It was also cited that in at least 127 cases,
perpetrators have been cleared through acquittals and dismissals in
court, or through dismissals by the Ombudsman, or through dismissals
or provisional dismissals by the prosecution. This number comprises
33% of the 385 cases being handled by the AO35 IAC, while the rest
continue to be under investigation.
Injustice and the climate
of impunity clearly prevail, and the Marcos Jr. administration
perpetuates it by continuing Duterte’s draconian policies. There
have been no reversals of police memoranda on the drug war, nor is
the administration backing down on the existence and operations of
the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
To date, there are 842
political prisoners in the Philippines, with 15 of them arrested and
detained under the current administration. The government continues
the practice of filing trumped up charges against political
dissidents through spurious search warrants, planted evidence,
perjured testimonies and inaccessibility of due process, and thereby
putting more human rights defenders in jail.
Red- and terror-tagging,
along with the use of terror laws, have become the default responses
of the government against any form of dissent and criticism. Freedom
of expression and press freedom remain in peril, with journalists
among those killed in the first months of the Marcos Jr.
administration. There is gross disregard of international
humanitarian law as bombings, forcible evacuation and forced or
coerced surrenders of poor civilian communities continue.
All these occur amid an
intensifying economic crisis and the pandemic affecting the poorest
of the poor, with high inflation rates, unemployment and
underemployment rates, dirt-poor wages and decreased public funding
for social services.
The Marcos Jr.
administration cannot hide behind empty platitudes, nor can it be
window-dressed by a Joint Program with the UN. It cannot sugar-coat
the dire lack of effective domestic mechanisms for redress, nor can
it spin tales using a religious fundamentalist network, trolls, and
disinformation machines. The bare, glaring realities are there.
In this 4th cycle of the
UPR on the Philippines, we expect various States to once again call
for an end to the killings and all human rights violations. We
expect stronger demands for justice and accountability. We expect
stronger advocacy for the issuance of standing invitations to UN
Special Procedures. We call on the UN Human Rights Council to walk
the talk in their recommendations in the UPR, and finally pave the
way for the long overdue independent investigation on the Philippine
human rights situation.