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FHR 2Nd Q 08.Indd FHR FOR HUMAN RIGHTS Philippines April - June 2008 Vol.4, No.2 Php20 EEngagingngaging tthehe UUNN HHumanuman RRightsights CCouncilouncil andand itsits UUniversalniversal PeriodicPeriodic ReviewReview By Marie HilHilao-Enriquezlaaoo-EEnrn iqiqueuez hen the United Nations Humanmanan WRights Council (UNHRC) wwasasas established in June 2006 (by way ooff UN General Assembly resolution 60/2511 of 15 MarchMarchh 2006), Karapatan was intensifyingg its campaign to end the spate of extrajudicial killings,illings, enforced disappearances and other human rights violationsl tions engendered by the Philippine government’s counter-insurgency program called Oplan Bantay Laya which was supposed to “finally end the to lobby with various foreign missions and inform them insurgency” in the country. of the situation in the country, meet with the different Desperate to stop these violations and conscious UN mechanisms and invite them to visit the Philippines, that international pressure must be brought to bear on as well as link with other human rights NGOs in Geneva the Arroyo government to stop its murderous campaign, to get their support in exposing the country’s human Karapatan began its engagement with the new UN human rights violations. The Karapatan delegation had separate rights mechanism – the Human Rights Council, of which discussions with the French and Finnish missions. A the Philippine government became an early member. Thus, request was made to the Finnish government to urge the a delegation from Karapatan attended the Council’s 2nd Arroyo government to allow the UN Special Rapporteur regular session in September 2006 in Geneva. on extrajudicial, summary or arbitrary executions - Prof. Philip Alston - to visit the country to investigate. Alston visit Five months later on 10-21 February 2007, Prof. Since 2005, international human rights organizations, Alston and two assistants arrived in the Philippines. At solidarity groups, church institutions, and even foreign the Council’s 4th regular session a month later, on March governments had repeatedly expressed condemnation 2007, he presented his damning preliminary report and and concern on the alarming incidents of extrajudicial strongly denounced the killing of one of the witnesses, killings, enforced disappearance and other human rights Siche Gandinao, who testified at a hearing he conducted in violations in the Philippines. Hence, the UN remained as Davao City. At this Session, this author delivered an oral one venue where such gross violations could be brought manifestation in support of Prof. Alston’s initial findings and to the attention of the international community. Karapatan’s objectives at the HRC 2nd session were ...continued on page 3 CONTENTS 1 Engaging the UN Human Rights Council and its 14 Excerpts from tributes too Ka Bel Universal Periodic Review 16 Retired Navy Capt. NATIONAL [HR] NEWS Danilo “Ka Dan” P. Vizmanos: From 6 Rights victims testify at on-site hearings of McArthur to Mao Congressional human rights committee RIGHTS 101 7 Mothers continue to search for their loved ones 18 Shortchanging 8 Congress convenes technical working group to the new writs discuss proposed bill against torture FOOTNOTES FROM THE PAST 9 Victims of human rights violations commemorate World Refugee Day 19 1898 Battle of Manila Bay: Triumph for the New Colonizers 10 Crusade for justice highlighted in a different kind of 'Santacruzan' LITERARY Human rights lawyer extolled as ‘people’s 11 Salvaging lawyer’ for defending the poor and oppressed 20 by Rolando Tolentino 12 Atty. Robert Swift grilled by Selda INTERNATIONAL [HR] NEWS 12 Campaigners for human rights bare new Burma ‘Dirty List’ FHR FORF HUMAN RIGHTS 13 Sri Lanka’s lost bid for UNHRC seat, a victory SUBSCRIBE NOW! for human rights Get the latest news on human FREEDOM BAR rights, justice and peace issues in the Philippines and abroad. Published quar- terly by the KARAPATAN (Alliance for the Advancement of People’s Rights. Vol. 4 No. 2, April - June 2008 FHR promises to provide you with up FHR Publisher: Marie Hilao-Enriquez to date news and in-depth analyses on FOR HUMAN RIGHTS Editor: Ruth G. Cervantes the current issues concerning human Editorial Staff: rights and other people’s issues. Lovella de Castro DJ Acierto For more details, please get in touch Roneo Clamor with Karapatan. Contributor: Atty. Rex J. M.A. Fernandez, Lorena Santos, Walkie Miraña, Dee Ayroso, Thaddeus Ifurung Editor’s note: Any part of this magazine may be reproduced with FHR is published by Karapatan the permission of the publisher. The publisher reserves the right (Alliance for the Advancement of People’s Rights) to accept or reject editorial or advertising material. Unsolicited #1 Maaralin St., Central District, Quezon City, Telefax: 4354146, e-mail: [email protected] manuscripts, photographs and artwork will not be returned unless website: www.karapatan.org accompanied by self-addressed stamped envelope. Publisher assumes no responsibility for unsolicited material. 2 FOR HUMAN RIGHTS April - June 2008 COVER STORY ...continued from page 1 criticized the Philippine government’s on violations against church harsh and hostile attacks against the people. The Indigenous UN independent expert. Peoples Rights-Monitor dealt on the violations of Gearing for the Universal Periodic indigenous peoples’ rights. Review (UPR) Church organizations Karapatan’s UN engagement in the US and in Asia were was timely because under the newly also very active in enjoining established Council, a new mechanism Philippine NGOs to engage was established – the Universal Periodic the UN and participate in Review or UPR – to assess the human the UPR process. The Asia rights situation in each country every Working Group provided four years. Under the UPR, the Council Edith Burgos and Mylene Guerrero signs up against repression very strong support to a is required to assess the fulfillment that victimized their loved ones. delegation of Philippine of the human rights obligations and church and other NGOs commitments by all UN member states. The Philippines that attended the UPR sessions in Geneva on April and was one of the first 16 states reviewed in the first UPR June 2008. These were the same organizations that lob- session. bied US Senator Barbara Boxer to convene the Senate In preparation for the UPR, Philippine NGOs were Sub-Committee on Foreign Relations on East Asia and the required to make a five-page submission to the Office of Pacific on 14 March 2007 to look into the Philippine hu- the High Commissioner for Human Rights (OHCHR) by 20 man rights situation. They also sent a submission to the November 2007. The OHCHR also encouraged NGOs to OHCHR that focused on the pledges and commitments participate in the State consultations in making the national made by the Philippine government when it ran for elec- report wherein a “broad consultation” process was to be tion as a member to the HRC. achieved to take in all the views of the stakeholders in the An NGO based in the US – GMA Watch – as well national report. as other local and international NGOs also sent their Despite the limited time, the Philippine NGOs met submissions to the OHCHR for a total of 31 submissions the deadline for their submissions. Karapatan and its for the Philippine UPR. member organizations focused on the violations of civil In preparation for the UPR, a Philippine NGO and political rights. Ibon Foundation and the Bagong delegation attended the 7th HRC session in March Alyansang Makabayan (BAYAN) focused on the violations of 2008 composed of Atty. Edre Olalia, President of the economic, social and cultural rights. The National Council International Association of People’s Lawyers (IAPL); the of Churches in the Philippines (NCCP) made a submission author as Secretary General of Karapatan; Ms. May Wan Dominado, daughter of missing activist Luisa Dominado; and Rev. Juliet Solis of the United Church of Christ in the Philippines (UCCP). Mr. D o n n i e M a p a n a o , h e a d o f M i g r a n t e - S w i t z e r l a n d and Ms. Trisha Garvida, a Karapatan volunteer based in Switzerland, joined them. The delegation was able to meet with the German and Malaysian missions, which, with the Mali mission, formed the troika of facilitators for the Philippine UPR session. The Delegation also met with the Slovenian, Canadian and Norwegian missions to brief them on the Philippines’ situation and ask them to raise critical questions during the Philippine UPR the following month. Members of the delegation also spoke during the 19 March 2008 “side event” sponsored by Amnesty International, Diakonie The author (far right) joins concerned citizens in Switzerland at a picket in Palais de Nations. They are holding photos of victims of extrajudicial killings in the Philippines. ... continued on next page Volume 4, Number 2 FOR HUMAN RIGHTS 3 COVER STORY ...continued from page 3 The Philippine UPR Watch held its own side event at the World Council of Churches (WCC) headquarters in Geneva on 10 April 2008, a day before the Philippine government was to deliver its own UPR report. The WCC Churches Commission on International Affairs (WCC-CCIA) sponsored the event. Filipino migrants, WCC personnel, interns and visitors as well as representatives of Geneva- based NGOs and UN officers attended the side event that presented the real human rights situation in the country. Prior to the side event, members of Migrante- Switzerland picketed at the Hotel Intercontinental where the Philippine delegation headed by General Eduardo Ermita, hosted a reception for the diplomatic community. The Filipino protesters held THUMBS DOWN. Philippine UPR Watch delegates disapprove of the Philippine gov- photos of missing persons, victims of extrajudicial ernment’s report to the UPR.. killings and other placards denouncing the horrible and the German Action Network Human Rights- state of human rights in the country.
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