Japan Group Releases Report on Killings in Philippines

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Recommendation

As a party to the ICCPR, the Philippine government is obliged to protect the human rights of all who live within its jurisdiction. Accordingly, the government should protect its people from human rights violations by taking appropriate measures, including the investigation and prosecution of human rights violators. 175

To President Arroyo

1. End the current counterinsurgency policy

1) The President should put an end to the counterinsurgency policy which include tagging legitimate civil society organizations and activists as “enemies of the state” as well as targeting them for neutralization.

2) The President should publicly denounce and declare the abandonment of the above counterinsurgency policy which resulted in extrajudicial killings.

3) The President should order all governmental organs, in particular AFP and PNP, to officially cease counter-insurgency operations targeting any civil society group for neutralization.

4) The President should direct all military and police personnel to cease any practice linking political and other civil society groups to armed insurgent groups in the course of their activities.

2. Disclosure

1) The President should disclose all documents and information prepared and gathered in the course of counter-insurgency operations towards civilians possessed by the AFP, PNP and any other governmental organs including Oplan Bantay Laya, Order of Battle and information related to legitimate organizations and individual activists.

2) The President should officially abandon all such documents. The President should nullify Administrative Order No. 197.

3. Investigation

1) The President should order the AFP/PNP to cooperate with the investigation conducted by the Commission on Human Rights, Congress, Courts, PNP and DOJ.

2) The President should make efforts to enhance the functions of the Commission on Human Rights by the means of increasing its budget and human resources.

3) The President should order the Department of Justice to establish a witness protection program which is independent from the military and police in order to enable the victims to testify in safe circumstances.

4) The President should conduct a transparent and thorough investigation on extrajudicial killings and enforced disappearances, with the full participation of the victims/families, under monitoring and technical assistance by the international community, and identify and prosecute the persons responsible for the human rights violations. The investigation should include inquiries into allegations concerning high-ranking military and police officers.

5) Based on the above investigation, the President should make an official apology and offer reparations, including compensation, restitution, and rehabilitation for the victims and relatives of the victims of extrajudicial killings and enforced disappearances.

4. Peace Negotiation

1) The President should proceed with peace negotiations with the CPP/NPA and the NDF,

inviting third party mediation if necessary.

2) The President should promote the effectiveness of the Joint Monitoring Committee based on the CARHRIHL (Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law).