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Human Rights Report Philippines HUMAN RIGHTS REPORT PHILIPPINES aktionsbündnis menschenrechte philippinen 2 | Vorwort ABOUT THE AKTIONSBÜNDNIS MENSCHENRECHTE – PHILIPPINEN The Aktionsbündnis Menschenrechte – Philippinen (AMP – Action Network Human Rights – Philippines) is an initiative of seven major German church-based agencies and human rights organizations to promote advocacy and information work in Germany and the EU regarding the human rights situation in the Philippines. Member Organizations of the AMP are Amnesty International Germany, Bread for the World – Protestant Development Service, International Peace Observers Network (IPON), MISEREOR, Missio Munich, philippinenbüro e.V. im Asienhaus, and the United Evangelical Mission (UEM). The main focus of the network lies on the core human rights issues of extrajudicial killings, enforced disappearances, and fabricated charges against political activists. An indigenous family has a candlelit dinner IMPRINT © 2017, Aktionsbündnis Menschenrechte – Philippinen, Köln Editor: Johannes Icking Authors: Johannes Icking, Robert Fahrenhorst Translation: SocioTrans, Marburg Layout: Unikat, Wuppertal Print: Die Umweltdruckerei Pictures: Lilli Breininger (pp. 2, 4, 6, 7 top), Jes Aznar (pp. 7 bottom, 18) Privat (pp. 11, 12, 16, 24, 31), Philippine-Misereor Partnership Inc (p. 14) United Church of Christ in the Philippines (pp. 20, 27) Rolivel Elusfa (p. 22), International Peace Observers Network – IPON (pp. 23, 30) Johannes Icking (pp. 21, 28), Solidagro (p. 29) | 3 TABLE OF CONTENTS FOREWORD – QUO VADIS PHILIPPINES? . 4 EXECUTIVE SUMMARY. 6 KEY RECOMMENDATIONS FROM THE 2012 UPR AND THEIR (INADEQUATE) IMPLEMENTATION. 8 KILLINGS OF HUMAN RIGHTS DEFENDERS AND JOURNALISTS. 10 Killings of land rights defenders . 10 Killings of leftist activists . 10 Killings of journalists . 11 Suspected perpetrators and masterminds . 11 The killing of Romeo Capalla . .12 CRIMINALIZATION OF HUMAN RIGHTS DEFENDERS AND JOURNALISTS . 13 Libel charges . 13 Libel charges against staff members of the Philippine-Misereor Partnership Inc. (PMPI). .14 Fabricated charges . 15 Fabricated charges against Amelita Bravante . 16 WAR ON DRUGS . .17 Extrajudicial executions. .17 Reintroduction of the death penalty . .18 The killings of Renato and Jaybee Bertes. .18 IMPUNITY. 19 Judiciary failure to investigate grave human rights violations . 19 Ineffective mechanisms to protect human rights . 20 Failure to prosecute the perpetrators of the Maguindanao massacre . 22 COUNTERINSURGENCY AND PARAMILITARY GROUPS . .23 Human rights violations in the context of counterinsurgency. 23 The killing of Fidela Salvador . 24 Paramilitary groups . 25 The New Indigenous People’s Army Reform . 27 INDIGENOUS RIGHTS . 28 Attacks on indigenous communities in the context of counterinsurgency . 28 The killings of Emerito Samarca, Dionel Campos, and Bello Sinzo . 29 Human rights violations against indigenous anti-mining activists . 30 The killings of Juvy Capion and her children Jordan and John . 31 RECOMMENDATIONS FOR THE PHILIPPINE GOVERNMENT . .32 RECOMMENDATIONS FOR OTHER INTERNATIONAL PARTIES. 33 LIST OF KILLED HUMAN RIGHTS DEFENDERS AND JOURNALISTS IN THE PHILIPPINES . 34 4 | Foreword QUO VADIS PHILIPPINES? The AMP pursues the goal of creating international awareness of severe human rights violations against members of churches and non-governmental organizations. In this way, it seeks to contribute to motivating the Philippine Government to embrace effective measures for putting an end to political killings and other forms of human rights violations as well as impunity for human rights offenders. The AMP documents human rights violations and does so in close collaboration with Philippine partner organizations. On this basis, the AMP keeps the public informed about the situation in the Philippines and seeks constructive and critical dialogue with political policymakers and the relevant institutions of the Federal Republic of Germany, the European Union, and the United Nations. Since its inception, the network has also contributed to the Universal Periodic Reviews (UPR) of the The Aktionsbündnis Menschenrechte – Philippinen Philippines by the Human Rights Council of the – Philippines (AMP – Action Network Human Rights United Nations, the first of which took place in 2008. – Philippines) was founded in 2007 after the number Shortly before the first review, the then UN Special of political killings in the Philippines rose drastically Rapporteur for extrajudicial, summary, and arbitrary nationwide during President Gloria Macapagal-Arroyos’ executions, Philip Alston, visited the Philippines and term in office. The victims also included many staff drafted a report that attracted vast attention. This report members from the network’s partner organizations. marked the first time that an international body for the protection of human rights made explicit mention of the military and police engaging in human rights violations in the Philippines. Together with the voices of the Philippine and international civil society, the report was then also taken up in the first UPR 2008 as the number of political murders had reached a climax. | 5 QUO VADIS PHILIPPINES? In response to international criticism, the Philippine When Rodrigo Duterte’s term of presidency began in government introduced a number of structural June 2016, several thousand extrajudicial killings of and legislative reforms, for example, passing a law alleged criminals were committed within only a few against torture and establishing human rights offices weeks following his appeal to take violent action against within the military and the police. The number of drug dealers and drug consumers. Fundamental political murders did, in fact, initially decrease during constitutional principles such as the presumption of Benigno Aquino’s presidency. However, new cases innocence and the right to a fair trial were de facto of politically motivated charges – so-called trumped- suspended. At the same time, Duterte made numerous up charges – were lodged to criminalize political disparaging remarks about international human activists and members of civil society groups who rights standards, which are also recognized by the then disappeared for years in prisons. In the years Philippines, and threatened that the Philippines would since, little has been done to change the practice of pull out of the United Nations. almost complete impunity for the most serious human rights violations. In recent decades only a handful of This alarming situation makes clear how difficult perpetrators responsible for thousands of political documentation of human rights violations is, how killings and instances of enforced disappearances have important it remains, and how vital the dialogue is been brought before the courts and punished for their about measures for protecting not only the civil and crimes. political but also the economic, social, and cultural rights of people in the Philippines. All in all, while some minor headway had been made at the close of the second reporting period in 2012, On the occasion of the third UPR of the Philippines in many areas things remained much the same by the Human Rights Council of the United Nations, and sometimes even changed for the worse. For the this publication will therefore look back on the most part, the same also holds true for the years that development of the human rights situation over the followed – up until today, shortly before the third UPR. past four years. This review makes clear that key The number of political killings has remained about as recommendations addressed to the Philippines in 2012 high as it was in 2012. For the AMP and its partners, it were implemented only poorly or not at all. is very disappointing that the political reform initiatives so far have had practically no lasting effect. It is clear On behalf of the Action Network Human Rights – that violations of human rights are grounded in the Philippines: underlying structural shortcomings of the police, military, and judicial system as well as government Jochen Motte failure and that serious violations are causally linked to United Evangelical Mission economic conflicts of interest. Elmar Noé MISEREOR 6 | EXECUTIVE SUMMARY Between May 2012 and September 2016, at least 147 human rights defenders and 23 journalists were killed. This makes the Philippines one of the deadliest countries in the world for these groups. At particular risk are land rights defenders who fight for the redistribution of agricultural land or oppose mining projects, which in the Philippines often entail severe environmental pollution. Because many such projects threaten the ancestral lands of the indigenous population, a large number of murder victims belong to the Philippine’s 100 indigenous groups. Another group that is often the victim of killings are members of organizations that the military has declared to be fronts for the communist New People’s Army (NPA). In the majority of cases, the killings are attributed to members of the state security forces and the paramilitary organizations collaborating with them. Indiginous peoples In anticipation of the third Universal Periodic Review The systematic criminalization of human rights listen to a campaign (UPR) process of the Philippines by the UN Human defenders and journalists in the Philippines has speech of their Rights Council in May 2017, this report gives a rundown so far received only scant international attention. barangay captain on the country’s current human rights situation. The Their critical reports
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