Japan Group Releases Report on Killings in Philippines

However, the response of the administrative branch of the government was to totally negate the effect of the Supreme Court initiative. Before the rule took effect, President Arroyo issued Administrative Order 197, which provides for safeguards to military secrets and against interference in military operations. This response makes it possible for the military to invoke the Order to reject court orders to disclose any information gathered by the military on the victims or prospective victims of the extrajudicial killings as well as disappearances. The Order may undermine the judicial effort for the protection of the people’s rights.

7. Summary

Human Rights Now has been encouraged by the recent efforts made by the Supreme Court to solve human rights violations. In particular, the writ of amparo may be the vehicle to redress unsolved enforced disappearance cases. However, regarding the extrajudicial killings, the court has not yet achieved convictions and punishment of the perpetrators as it has been expected to do. However, the attitude of the organs of the executive branch of the Philippine government appear not to have changed, or worse, to contradict the initiative of the Supreme Court.

Based on this situation, we underscore that the Philippine government has not fulfilled its obligation to prevent extrajudicial killings and forced disappearances from recurring. Even if the judicial branch is willing to stop the human rights violations, justice cannot be achieved without effective and thorough investigation and prosecution of all who are responsible for human rights violations. In this regard, we strongly deplore the failure of investigations and prosecutions of the cases which we investigated, most extensively the recent result of the Isaias Sta Rosa case, as well as the dismissal of chief prosecutor in the Jonas Joseph Burgos case.

The killings do not appear to be isolated incidents. They seem to be part of a systematic pattern of human rights violations. The TFU does not launch investigations against high-ranking military officials, nor is it willing to prosecute a number of seemingly legitimate cases alleged by human rights organizations. Even if a handful of cases are prosecuted, the problems cannot be solved at all, nor can recurrences be prevented. The Philippine government should demonstrate sincerity in all aspects of its efforts to seek truth and establish justice.

As a state, the Philippine government has an obligation to conduct thorough, effective and transparent investigations into human rights violations and those who are responsible. The government should have a comprehensive picture of the cause and responsibility for the human rights violations by looking at the “chain of command” and investigating high ranking officials in the AFP. Moreover, the truth-finding should be done with victims’ full participation and with international monitoring and technical assistance as appropriate.

Ⅷ The Policy of Neutralization Must be Stopped Immediately

1. Reasons why extrajudicial killings continue in the Philippines

The fact-finding team underscores that the root cause of the extrajudicial killing and enforced disappearances in the Philippines is the national counter- insurgency policy which does not differentiate between the NPA, armed rebels, and legal organizations and activists. Legitimate civil society organizations, such as human rights group, farmers organization, labor organization, religious organization and leftist organization are labeled as “enemy of state” “ NPA front” Accordingly, they are targeted for elimination in the course of counter-insurgency operation. Extrajudicial killing is a highly probable measure of such elimination. This view is supported by the following situations.

1. All- Out War Policy

The Arroyo administration declared an all-out war against the CPP-NPA and set forth a policy to eradicate them as enemies of the state. 152 The ultimate goal of the policy is to wipe out the New People’s Army in two years.

2. Knowing the Enemy

The HRN fact-finding team obtained a power point presentation titled “Knowing the Enemies”. General Hermogenes Esperon, commander of the Philippine Army, in his testimony before the Melo Commission, admitted the existence of the power point presentation “Knowing the Enemy” and stated that it was made by the army.153

In this power point presentation, lots of civil society organizations, along with leftist groups are designated and determined as “enemy organizations”. As discussed before, the fact-finding team found that most victims it investigated were members of organizations mentioned in “Knowing the Enemies.” The organizations which are designated as “enemy” includes, Bayan Muna(Case 3,7, 11, 12, 13) human rights group KARAPATAN( Case 1, 2, 10), Philippines Independent Church( Case10) , United Church of Christ in the Philippines( Case5, 9,17) , College Editor’s Guild of the Philippines( Case2) , Kilusang Mayo Uno(Case 11, 14) “.

As for the Hacienda Luisita massacre, “Knowing the Enemies designated CATLU and ULWU as enemy. Notably, in the case of Ricardo Ramos, his name was in the presentation. The HRN fact-finding team was very surprised to know that even church organizations are designated as enemy organizations and subsequently suffered the assassinations of Bishop Ramento and Pastor Isaias Sta Rosa. 154