MANILA – Extra-judicial killings of activists and journalists in the Philippines are distressingly high and the military appears to be responsible for a "significant number" of them.
Philip Alston, UN special rapporteur on extrajudicial killings, told a press conference Feb. 21 that while he could not determine the exact number of victims because of conflicting figures provided by the government and leftwing groups, "I am certain the number is high enough to be distressing."
While the Armed Forces of the Philippines immediately issued a denial of Alston's charges, the UN human rights prober said the military "is in a state of almost total denial of its need to respond effectively and authentically to the significant number of killings, which have been convincingly attributed to them."
He said the explanation by the AFP that
roque soldiers were responsible for some of the killings, he said the military
did not go far enough. The armed forces “needs to give us precise details and
to indicate what investigations and prosecutions have been undertaken in
response," he said.
Local human rights group Karapatan has
blamed most of 832 killings since 2001, including the deaths of 356 left-wing
activists, on security forces.
The government says the numbers are
bloated, and many victims were either communist rebels or their allies killed
in the communist movement’s internal purge.
Alston said President Gloria Macapagal
Arroyo “needs to persuade the military that its reputation and effectiveness
will be considerably enhanced, rather than undermined, by acknowledging the
facts and taking genuine steps to investigate."
Alston immediately returned to New York
after the press conference to submit his report to the UN human rights commission.
He spent 10 days in the Philippines meeting with the military, the leftist
organizations and civic groups.
He recommended that Arroyo and the
military chief of staff issue a statement saying “extrajudicial executions will
not be tolerated, that the (military) will begin to investigate seriously and
methodically, and not in a way that simply protects its own officers in any
allegations that come before it."
Hours after Alston’s report, the
President reluctantly ordered the release to the public copies of the Melo
Commission Report on the extra-judicial killings.
Alston is an Australian law professor who
is the UN special rapporteur on extra-judicial, summary or arbitrary
executions, and executions.
Alston arrived on Feb. 11 on government’s
request to investigate the spate of political killings in the country, which
the human rights group Karapatan said victimized more than 800 since President
Arroyo assumed power in 2001.
The European Union is also conducting a
separate probe into the reports of extra-judicial killings.
The PNP’s Task Force Usig, which was tasked to
look into the killings, said it has recorded only a little over 100 cases of
political killings.
Alston, in the press briefing before
leaving the country, clarified his statements were still initial
recommendations and that his final report would be ready in three months to be
submitted to the UN Human Rights Council.
Alston said he did not know how many had
died, but added: “I am certain the number is high enough to be distressing.
“The impact of even a limited number of
killings of the type alleged is corrosive in many ways," he said.
“It intimidates vast numbers of civil
society actors, it sends a message of vulnerability to all but the most
well-connected, and it severely undermines the political discourse which is
central to a resolution of the problems confronting this country."
Alston laid much of the blame on the
military which says most of the deaths could be attributed to internal fighting
in the communist New People’s Army.
Alston said there must be a “change of
mentality” on the part of the government and military and that both must
recognize that there is a problem with regard to the increasing number of
extra-judicial killings.
He said that while he believes that there
is no state policy behind the spate of killings victimizing militants and
journalists, some aspects of the government’s counter-insurgency strategy are
“conducive” for the killings to take place.
“The response of the government to the
crisis of extra-judicial executions varies dramatically. There has been a
welcome acknowledgement of the seriousness of the problem at very top. At the
executive level the messages have been very mixed and often unsatisfactory. And
at the operational level, the allegations have too often met with a response of
incredulity, mixed with offense," he said.
Alston made an analogy with alcoholism
and said: “The first step to recovery is to acknowledge that there is a problem
and without that, there’s nothing that can be done."
The Melo Commission was created by Arroyo
in August last year to look into the cases of political killings. The panel,
headed by retired Supreme Court Justice Jose Melo, submitted its report to
Malacanang on Jan. 30. Melo has said elements in the military were behind many
of the killings.
The Palace had refused to make the report
public, saying it was still a partial report. Yesterday, the Palace said it is
making public the document today.
“I’m not asking for really anything very
dramatic. I’d like to see a statement from the very top, a statement by the
President, a statement by the defense secretary, a statement by the (AFP) chief
of staff that the extra-judicial executions will not be tolerated (and) that
the AFP will begin to investigate seriously and methodically and not in a way
that simply protects its own officers. It’s a matter of a change of mentality
that is most important," he said.
Alston noted the killings are
attributable in part to government’s
counter-insurgency strategy that involves vilifying left-leaning organizations
and intimidating its leaders.
He said in some cases, the intimidation
“escalates into extra-judicial execution."
“Aspects of the counter-insurgency
strategy need to be evaluated. And the implication of that is the way in which
certain strategies are currently formulated and more importantly being pursued
is very conducive to extrajudicial executions," he said.
On the case of Maj. Gen. (ret.) Jovito
Palparan, who is being blamed by militants for killings of militants in areas where
he has been assigned, Alston said AFP chief Gen. Hermogenes could have done
more.
“When the chief of the armed forces
contends himself with telephoning General Jovito Palparan in order to satisfy
himself on allegations, rather than launching a thorough and impartial probe,
it’s clear that there is still a long way to go," Alston said.
Alston also said that the executive
branch, aided by the military, has “worked resolutely to circumvent” the
essence of the party-list system and the repeal of the Anti-Subversion Act that
allowed the left to enter the democratic political system.
“The idea is not to destroy the NPA (New
People’s Army) but to eliminate organizations that support many of its goals
and do not actively disown its means," he said, noting government is
“trying to impede the work of the party-list groups and to put in question
their right to operate freely."
Alston also said the evidence offered by
the Armed Forces to support its claim that the killings could be part of a
purge within the ranks of the communist movement is “especially unconvincing.”
“The AFP relies instead on figures and
trends relating to the purges in the late 1980s, and on an alleged CPP-NPA
document captured in May 2006 describing Operation Bushfire. In the absence of
much stronger supporting evidence, this particular document bears all the
hallmark of a fabrication and cannot be taken as evidence of anything other
than disinformation," he said.
On the Palace’s withholding of the Melo
report, Alston said while Arroyo “showed good faith” in creating the
commission, this was “surely drained away by the refusal to publish the
report."
Among reasons the Palace cited for
considering the report incomplete is the non-cooperation of militant groups and
families of victims in the investigations of the Melo Commission, whose life
Arroyo has extended.
Alston said: “The justifications given
are unconvincing. The report was never intended to be preliminary or interim.
The need to get leftists to testify is no reason to withhold a report which in
some ways at least vindicates their claims. And extending a commission whose
composition has never succeeded in winning full cooperation seems unlikely to
cure the problems still perceived by
those groups. Immediate release of the report is an essential first step."
Aside from acknowledging that there is a
problem, Alston recommended that government strengthen the witness protection
program, re-evaluate the military’s counter-insurgency tactics, restore
accountability and accept the need to provide legitimate political space for
leftist groups.
Alston acknowledged that the government’s
invitation for him is a positive start in solving the problem.
“It is a clear recognition of the gravity
of the situation,” he said, adding that the problem is not unique to the
Philippines.
The militant group Bagong Alyansang
Makabayan (Bayan) said Alston’s statements were a “stinging rebuke” of the
government’s “repeated cover-up" of the issue of political killings.
“Human rights victims and cause-oriented
groups are relieved that the UN visit yielded something relevant," said
Renato Reyes, Bayan secretary general.