Sources of information
The first major challenge for my mission was to obtain detailed and well supported information. I have been surprised by both the amount and the quality of information provided to me. Most key Government agencies are organized and systematic in much of their data collection and classification. Similarly, Philippines civil society organizations are generally sophisticated and professional. I sought, and obtained, meetings across the entire political spectrum. I leave the Philippines with a wealth of information to be processed in the preparation of my final report.
But the question has still been posed as to whether the information provided to me by either all, or at least certain, local NGO groups can be considered reliable. The word ‘propaganda’ was used by many of my interlocutors. What I took them to mean was that the overriding goal of the relevant groups in raising EJE questions was to gain political advantage in the context of a broader battle for public opinion and power, and that the HR dimensions were secondary at best. Some went further to suggest that many of the cases were fabricated, or at least trumped up, to look more serious than they are.
I consider it essential to respond to these concerns immediately. First, there is inevitably a propaganda element in such allegations. The aim is to win public sympathy and to discredit other actors. But the existence of a propaganda dimension does not, in itself, destroy the credibility of the information and allegations. I would insist, instead, on the need to apply several tests relating to credibility. First, is it only NGOs from one part of the politicaI spectrum who are making these allegations? The answer is clearly ‘no’.
Human rights groups in the Philippines range across the entire spectrum in terms of their political sympathies, but I met no groups who challenged the basic fact that large numbers of extrajudicial executions are taking place, even if they disagreed on precise figures. Second, how compelling is the actual information presented? I found there was considerable variation ranging from submissions which were entirely credible and contextually aware all the way down to some which struck me as superficial and dubious. But the great majority are closer to the top of that spectrum than to the bottom. Third, has the information proved credible under cross-examination’. My colleagues and I heard a large number of cases in depth and we probed the stories presented to us in order to ascertain their accuracy and the broader context.
As a result, I believe that I have gathered a huge amount of data and certainly much more than has been made available to any one of the major national inquiries.
Extent of my focus
My focus goes well beyond that adopted by either TF Usig or the Melo Commission, both of which are concerned essentially with political and media killings. Those specific killings are, in many ways, a symptom of a much more extensive problem and we should not permit our focus to be limited artificially. The TF Usig/Melo scope of inquiry is inappropriate for me for several reasons:
(a) The approach is essentially reactive. It is not based on an original assessment of what is going on in the country at large, but rather on what a limited range of CSOs report. As a result, the focus then is often shifted (unhelpfully) to the orientation of the CSO, the quality of the documentation in particular cases, etc.;
(b) Many killings are not reported, or not pursued, and for good reason; and
(c) A significant proportion of acknowledged cases of ‘disappearances’ involve individuals who have been killed but who are not reflected in the figures.
Extrajudicial Killings
