(c) The need to restore accountability
The focus on TF Usig and Melo is insufficient. The enduring and much larger challenge is to restore the various accountability mechanisms that the Philippines Constitution and Congress have put in place over the years, too many of which have been systematically drained of their force in recent years. I will go into detail in my final report, but suffice it to note for present purposes that Executive Order 464, and its replacement, Memorandum Circular 108, undermine significantly the capacity of Congress to hold the executive to account in any meaningful way.
(d) Witness protection
The vital flaw which undermines the utility of much of the judicial system is the problem of virtual impunity that prevails. This, in turn, is built upon the rampant problem of witness vulnerability. The present message is that if you want to preserve your life expectancy, don’t act as a witness in a criminal prosecution for killing. Witnesses are systematically intimidated and harassed. In a relatively poor society, in which there is heavy dependence on community and very limited real geographical mobility, witnesses are uniquely vulnerable when the forces accused of killings are all too often those, or are linked to those, who are charged with ensuring their security. The WPP is impressive on paper. In practice, however, it is deeply flawed and would seem only to be truly effective in a very limited number of cases. The result, as one expert suggested to me, is that 8 out of 10 strong cases, or 80% fail to move from the initial investigation to the actual prosecution stage.
(e) Acceptance of the need to provide legitimate political space for leftist groups
At the national level, there has been a definitive abandonment of President Ramos’ strategy of reconciliation. This might be termed the Sinn Fein strategy. It involves the creation of an opening the party-list system for leftist groups to enter the democratic political system, while at the same time acknowledging that some of those groups remain very sympathetic to the armed struggle being waged by illegal groups (the IRA in the Irish case, or the NPA in the Philippines case). The goal is to provide an incentive for such groups to enter mainstream politics and to see that path as their best option.
Neither the party-list system nor the repeal of the Anti-Subversion Act has been reversed by Congress. But, the executive branch, openly and enthusiastically aided by the military, has worked resolutely to circumvent the spirit of these legislative decisions by trying to impede the work of the party-list groups and to put in question their right to operate freely. The idea is not to destroy the NPA but to eliminate organizations that support many of its goals and do not actively disown its means. While non-violent in conception, there are cases in which it has, certainly at the local level, spilled over into decisions to extrajudicially execute those who cannot be reached by legal process.
(f) Re-evaluate problematic aspects of counter-insurgency strategy
The increase in extrajudicial executions in recent years is attributable, at least in part, to a shift in counterinsurgency strategy that occurred in some areas, reflecting the considerable regional variation in the strategies employed, especially with respect to the civilian population. In some areas, an appeal to hearts- and-minds is combined with an attempt to vilify left-leaning organizations and to intimidate leaders of such organizations. In some instances, such intimidation escalates into extrajudicial execution. This is a grave and serious problem and one which I intend to examine in detail in my final report.
Conclusion
The Philippines remains an example to all of us in terms of the peaceful ending of martial law by the People’s Revolution, and the adoption of a Constitution reflecting a powerful commitment to ensure respect for human rights. The various measures ordered by the President in response to Melo constitute important first steps, but there is a huge amount that remains to be done.
[tags]davao today, philippines, human rights, united nations, philip alston, extrajudicial killings, philippine politics[/tags]
Extrajudicial Killings
