Japan Group Releases Report on Killings in Philippines

(2) Failure of peace process

The Philippine government has failed to reconcile with the CPP-NPA-NDF despite a number of negotiations and peace agreements in the 1980s and the 1990s. President Aquino made a temporary peace agreement with the NDF in 1986, however the peace negotiation broke down in 1987.

During the 1990s the CPP-NPA, was represented by the National Democratic Front (NDF) in peace negotiations. Under the Ramos Administration, the peace process made an important step forward: the CPP was legalized and an agreement was concluded between the government and NDF. In 1998, the parties entered into the “Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law”(CARHRIHL)7, which affirmed to apply the basic principles of international human rights law and international humanitarian law. Though CARHRIHL was not a cease-fire agreement, it was expected to promote the peace process through decreasing numbers of human rights abuses.8

(3) The Arroyo Administration

Gloria Macapagal-Arroyo launched her presidency in 2001. In Oslo in April 2001, the Arroyo Administration once resumed the peace negotiations with the NDF.9 However, in the wake of 9/11 and the launch of the US-led “global war on terror”, the CPP-NPA was listed as a terrorist organization by the USA and the EU in 2002. This served to be a major political impediment to negotiations and there have since been calls to remove the organization from the list. Meanwhile, the assassinations of a number of local electoral candidates by the NPA have been reported in 2001 and the series of unresolved political killings of members of legal leftist parties by unidentified armed men has increased.

In January 2002, one year after the Arroyo Administration came to power, the government launched a counter-insurgency operation against rebels －“Oplan Bantay Laya” (OBL, Operation Plan Freedom Watch)10－ a five-year plan setting forth the holistic counter-insurgency strategies toward the CPP-NPA-NDF to be employed by the Armed Forces of the Philippines (AFP).

Despite some progress, such as the establishment of the Joint Monitoring Committee (JMC) which was agreed　to by both parties in 2004, the parties have held no further negotiations; therefore, the JMC has virtually lost its function. The momentum for peace negotiations has thus declined.

In June 2006, President Arroyo declared an “all-out war” to eliminate the communist insurgency, particularly the CPP-NPA within two years. According to a presidential spokesman, the government would finally win the fight against the CPP-NPA by means of law and pro-poor programs. The government also budgeted one billion pesos to purchase war equipment and materials.11 In 2007, OBL has been replaced by the new strategy called OBL Ⅱ, which is basically involves the same strategy as the first OBL.

(4) Recent Policies against leftists and “terrorists”

In 24 February 2006, President Arroyo declared a state of emergency by virtue of Proclamation No. 1017, stating that a coup plot was planned by the communist movement and top-ranking military officials. The declaration banned rallies and closed some media organizations. Six representatives from left-leaning parties were arrested or prosecuted. Representative Crispin Beltran of the party-list organization, the Anakpawis was arrested on 25 February.12 Fifteen people including leftist congressmen, junior-grade officers of the army and major leaders of CPP were prosecuted on charge with insurgency13 on 27 February. They were suspected of conspiring with top rank officials of the NPA and the CPP14. Rebellion charges against six congressmen including Mr. Beltran were dismissed by the Supreme Court in June 2007. Though the state of emergency was called off on 3 March 2006, this incident provoked public criticism against the government.

In March 2007, the Human Security Act of 2007 (An Act to Secure the State and Protect Our People from Terrorism15) was enacted. This Act provides for tougher sentences for terror crimes as well as facilitating the seizure and sequestration of property belonging to terror suspects16, the interception and recording of communication between members of terrorist organizations or individuals suspected of the crime of terrorism17, detention for three days without arrest warrant18, and the establishment of the An Anti-Terrorism Council, which implements the government policy on terrorism19.

　　This law has been criticized by an independent UN expert, Mr. Martin Scheinin 20. He has called on the Philippines to amend or repeal the Human Security Act because the Act’s definition of “terrorism” is too broad; it provides for the disproportionately strict penalty of 40 years imprisonment, and also restriction on travel including house arrest21.