Conclusions
Unearthing the evidence establishing responsibility for the current pattern of political killings will take political will. It will require political determination and persistent practical efforts to undo the legacy of impunity, which has the potential to undermine efforts to hold perpetrators of political killings accountable and is aided by the assumption that such killings are to some degree an acceptable by-product of continuing armed conflict.
It will take sustained efforts to unravel the chronology of events that led each attack, to establish the facts constituting every political killing and to establish whether there was an official chain of command underlying both the crime and its cover-up. Effective, robust measures are necessary to protect those who come forward to assist the case.
Unless these steps are taken, the corrosive impact of political killings will continue and hopes for a just and lasting peace, as outlined in the governments 2004-2010 Peace Plan will remain unrealized.
The struggle for respect for human rights, fought with high cost from the time of President Marcos and reflected in the 1986 Constitution and the Philippines ratification of international human rights treaties, is facing a serious challenge. Within the context of “all-out-war” against communist insurgents the rising incidence of political killings risks a retaliatory spiral of killings by armed groups. The need is pressing for both sides of the conflict, supported by all sectors of civil society, to assert and commit to renewed respect for human rights.
Recommendations:
To the Government of the Philippines:
1. Not to treat this as a public relations problem; but to take serious steps to find out who was behind these systematic killings and to make public those findings.
2. Fully implement the Melo Commission recommendations.
3. Accept offer of assistance from the UN and other countries.
4. Allow international observers to monitor investigations and trials.
5. Ensure that the Administration speak with one voice on condemning these killings.
6. Ensure that the new anti-terror law is not used to commit human rights abuses.
7. Announce a comprehensive strategy to stop political killings and to bring those involved to justice.
8) Amnesty Internationals 14-Point Program for the Prevention of Extrajudicial Executions, based on the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, provides a framework within which the pattern of political killings can be stopped. The organization urges the Government of the Philippines to implement the Program in full.
Given reports of continuing political killings, Amnesty International has made a number of recommendations, addressed to the government, international organisations, civil society organisations and the armed groups. A summary of key recommendations include:
A. Reassert Respect for Human Rights
1) Official condemnation: Consistently and at every level of government condemn all political killings.
2) Chain of command control: Prohibit orders from superior officers or public authorities authorizing, inciting or tacitly encouraging other persons to carry out unlawful killings, even through silence or failing to take action to investigate, and ensure that those in command exercise appropriate and effective control over those within their command.
3) Action against death squads and vigilantes: Prohibit and disband any death squads, private armies, vigilantes, criminal gangs and paramilitary forces operating outside the chain of command but with official support or acquiescence.
B. Guarantee the Administration of Justice
1) Investigation: Ensure that all complaints and reports of political killings are investigated promptly, impartially, independently, thoroughly and effectively. An independent and impartial body should exercise oversight to ensure investigations are conducted by the police and other investigative agencies in accordance with international standards.1
2) Prosecution: Ensure that those responsible for political killings are brought to justice in accordance with international standards of fairness.
3) Protection against death threats and other intimidation: Take action to fully implement the Witness Protection, Security and Benefit Act (RA 6981) in order to ensure safe, reliable and durable mechanisms guaranteeing the participation in the legal process of witnesses to political killings.
C. The Peace Process: ensure compliance with the Human Rights Agreement
1) All sides of the armed conflict should recommit to and ensure compliance with the 1998 Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).
2) Respect for human rights the ground should be enhanced by taking steps to ensure the operation of the Joint Monitoring Committee of the CARHRIHL.
D. Action by other human rights institutions.
National: The Deputy Ombudsman for the Military and Other Law Enforcement should conduct prompt, impartial and effective investigations of all reported political killings which should, as appropriate, lead promptly to recommendations to the Department of Justice to file criminal charges against those found responsible.
To The United States Government:
1) The Leahy Law must be vigorously implemented. The U.S. Embassy must be pro-active in identifying members of the Armed Forces of the Philippines, who may be involved in political killings.
2) The U.S. should give a strong and clear message to the Government of the Philippines that U.S.Philippines relations will suffer if the current trend in political killings continues and if Philippine authorities fail to bring past abusers to justice.
3) Report to appropriate Congressional Committees about the reported assistance given to the Government of the Philippines in fighting communist insurgency.
4) Insist on specific bench marks from the Government of the Philippines to address political killings.
5) Offer technical and other assistance to help solve the cases.
Thank you for inviting Amnesty International to this important hearing.
T. Kumar
Advocacy Director for Asia & Pacific
Amnesty International USA
Phone: (202)544-0200, ext: 224
Fax: (202)546-7142
Email: tkumar@aiusa.org
[tags]davao today, amnesty international, US senate, philippines, human rights, political killings, palparan[/tags]
Extrajudicial Killings
