Human Rights FORUM 1 table of CONTENTS UNDER SIEGE 4 Press freedom and the embattled Arroyo administration By ODINA BATNAG

PROBING FOR SENSE AND SENSIBILITIES 8 The Peninsula Incident on hindsight By PERCIVAL CENDAÑA

The Manalo Brothers FROM VICTIMS TO DEFENDERS 12 By MAX M. DE MESA

ALAMIN ANG INYONG MGA 16 KARAPATAN Global Moratorium on Executions: TOWARDS WORLDWIDE ABOLITION 18 OF THE DEATH PENALTY By TRACY PABICO 22 HR DIGEST HR TRIVIA 23 FACTS AND FIGURES

PHILIPPINE HUMAN RIGHTS INFORMATION CENTER

Editorial Board • NYMIA PIMENTEL-SIMBULAN DR. P.H. • SONNY MELENCIO • GINA DELA CRUZ - Editor-in-Chief • BERNARDO LARIN - Managing Editor • JM VILLERO - Art Director • ARNEL RIVAL - Illustrator • EUGENE BACASMAS The Human Rights Forum is published quarterly by the Philippine Human Rights Information Center (PhilRights) with office address at 53-B Maliksi St., Barangay Pinyahan, Quezon City • Telefax: 433-1714 • Tel. No.: 426-4048 • E-mail:[email protected] • Website: www.philrights.org • ISSN 0117-552-1

EMBASSY OF FINLAND Manila

This publication is made possible through the support of the Embassy of Finland

The Philippine Human Rights Information Center (PhilRights) is the research and information center of the Philippine Alliance of Human Advocates (PAHRA).

2 Human Rights FORUM n EDITORYAL Karapatan sa Impormasyon

ALIGI NG buhay na demokrasya ang malayang pagkuha nagtatanggol sa karapatang pantao ang pagpapalabas ng Korte at pagpapaalam sa mga mamamayan ng mga Suprema ng writ of habeas data kung saan pwedeng magpetisyon Himpormasyon hinggil sa mga pampublikong usapin. ang mga indibidwal laban sa ilegal na paraan ng pangongolekta Una, napakahalaga ng mga impormasyon at kaalaman upang ng impormasyon at maling paggamit nito. magkaroon ng ‘check and balance’ sa pagitan ng mga sangay ng Pangalawa, importante ring magkaroon ng kaalaman ang mga pamahalaan at upang mabantayan din ng publiko at ng midya ang mamamayan hinggil sa mga bagay-bagay sa gobyerno sapagkat posibleng pag-abuso sa kapangyarihan ng mga nasa pwesto. kung wala ito, hindi pwedeng magkaroon ng makabuluhan at Kaya hindi rin naman kataka-takang ‘pag may nahihigingang aktibong partisipasyon ang taumbayan sa pamamahala sa anomalya ang mga tao, unang tinitiyak ng mga tiwaling opisyal pambansa at lokal na lebel. na walang mahahalagang impormasyong makakalabas sa publiko Hindi maaaring magtagumpay ang mga proyekto at programa sa pamamagitan ng midya. ng pamahalaan sa pagkuha ng suporta ng taumbayan kung hindi Marami na namang ganitong mga kaganapan sapagkat sila nabigyan ng impormasyon at lubusang nakonsulta hinggil sa sangkatutak na ring iskandalo ang nasiwalat sa publiko pero hindi mga inisyatibang ito. naresolba at wala namang naparusahan. Pero sa ngayon, kitang- Hindi rin magkakaroon ng matalinong mga desisyon ang mga kita ang pagbusal na ito sa katotohanan sa kaso ng NBN-ZTE mamamayan sa mga panahon ng eleksyon, plebisito, at iba pang overpricing scandal. mga uri ng konsultasyon kung hindi ipinapakita ng ating mga Sa ginawang pagdukot kay ZTE star witness Rodolfo ‘Jun’ Lozada opisyal ang kabuuang larawan at kalagayan ng mga pampublikong upang mahadlangan ang pagharap niya sa Senado, nakita ng usapin. sambayanang Pilipino ang pangil ng Estado at kung hanggang Sa makabagong panahong ating kinalalagyan, napakadali saan ang pwede nitong gawin mapigilan lamang ang paglabas ng nang magpaabot ng mga kinakailangang kaalaman upang baho ng Malakanyang. magkaroon ng malusog na ugnayan ang mga mamamayan at Sa kabilang banda, nabunyag din sa pagtestigo ni Lozada ang ang pamahalaan. nakakabahalang paniniktik at pagsagap sa mga komunikasyon ng Ngunit taliwas ito sa kalakaran sa Pilipinas. Madalas nakatago mga ‘kaaway ng Estado’ na sa totoo lang ay iyong mga taong ang katotohanan at kung may maglalakas-loob na ibunyag ito kritikal sa nakaupong pangulo. tulad ni Lozada, pilit naman itong babaluktutin at tatabunan ng Kaya rin naman dapat ituring na isang tagumpay ng mga mga nasa kapangyarihan. l

Human Rights FORUM 3 the headquarters of the check the identities of all the National Capital Region Police reporters who chose to stay Office (NCRPO). behind and see the siege The reasons they gave through. varied: Criminal Investigation In the end some 50 reporters, and Detection Group-National several of them handcuffed with Capital Region (CIDG-NCR) plastic tie wires, were brought head Asher Dolina said the to Bicutan in a bus and media needed to be processed, “processed.” But not all. and he made it clear it was In “Media Nation,” a talk either as “witnesses” or show on media at the ANC cable “suspects.” Others said some of channel, Philippine National the Magdalo soldiers could have Police (PNP) spokesperson disguised themselves as media Nicanor Bartolome admitted men, and so they needed to some reporters were allowed to UNDER SIEGE Press freedom and the embattled Arroyo administration n By ODINA BATNAG On Nov 29, 2007, two groups actually made a stand at the Manila Peninsula – those who called for a change in government and the journalists who covered the call. OBut while the police have stop covering the event and already arrested and charged leave the hotel. the Magdalos – as the soldiers affiliated with Sen. Antonio Media in manacles Trillanes IV are known – and Not that the police haven’t their civilian supporters, they tried. As soon as the Magdalos have yet to do the same with were arrested, the police the media workers who refused handcuffed some members of to obey the police “request” to the media and brought them to

4 Human Rights FORUM “The point for demanding for damages is precisely to make it costly for those who would abuse the power momentarily entrusted to them by the citizens of this land.”

MIGHTIER THAN THE SWORD? The Pen played host to a show of military force against journalists covering another failed military- led attempt to unseat Gloria Macapagal-Arroyo. Clockwise, from left: journalists in plastic handcuffs about to be herded to Bicutan; soldiers about to storm the hotel; media coverage inside the Manila Pen, where the “Magdalo soldiers” holed out; and media coverage outside the hotel. Photos by LITO OCAMPO

Human Rights FORUM 5 go after their IDs were checked. had told the Manila Standard Others simply chose to walk out, they were looking into the and were not stopped by the participation of a woman who police. appeared to have provided In Bicutan, the reporters Faeldon with a press card, which were asked for their name, helped him escape. address and contact details, and He said charges of then allowed to leave. There obstruction of justice, as well as were no charges filed, then or complicity to commit rebellion, later; nor was it made clear why might be filed against the they had to be brought all the reporter. way to Bicutan, instead of to the But not just yet. Razon said nearest police station. they would rather wait until Faeldon is recaptured before Chilling effect identifying the reporter. Since then, the government In the days that followed, – and not just the police – has WHEN JOURNALISTS MAKE IT TO THE NEWS: “Media must act to help media went on a guessing game tried to justify the illegal arrest preserve democracy.” Photo by LITO OCAMPO as police officers hiding behind of the reporters. the cloak of anonymity and When media groups OF YOUR FIELD REPORTERS, “Hindi namin media’s right to privileged questioned the legality of the NEWS GATHERERS, information continued to leak arrests and warned against its PHOTOGRAPHERS, maaaring out information describing the “chilling effect” on members of CAMERAMEN AND OTHER reporter. A senior police officer the press, the police insisted that JOURNALISTS WILL DISOBEY hayaan na ang eventually identified the the Manila Peninsula hotel was LAWFUL ORDERS FROM reporter before a group of a “crime scene,” and thus under DULY AUTHORIZED kalayaan sa reporters covering the police the authority and jurisdiction of GOVERNMENT OFFICERS pamamahayag beat, but “off the record.” the police. AND PERSONNEL DURING When a national daily Palace officials, on the other EMERGENCIES WHICH MAY ay magipit sa finally identified the reporter, hand, tried to convince the LEAD TO COLLATERAL it quoted an unknown source as media to help draw up rules DAMAGE TO PROPERTIES makipot niyang saying that the reporter was defining coverage, but reporters AND CIVILIAN CASUALTIES caught on video helping balked at this, believing that IN CASE OF AUTHORIZED kinalalagyan.” Faeldon. As if on cue, the TV such rules would only restrict POLICE OR MILITARY station released the footage of them and thus be tantamount to OPERATIONS.” the reporter and Faeldon the prior censorship. When a Four days later, in their the press pa ang pag-uusapan following day, “in the interest meeting between government weekly forum, the police said it natin, kung yung member ng of transparency.” officials and several media was standard operating press ay patay na?” The newspaper source, groups failed to come up with a procedure (SOP) to arrest however, said the reporter had consensus on media coverage, anyone who would obstruct a Witch hunt curly hair, and that the video was the NCRPO issued a set of police operation. As if to support their claims the police’s strongest evidence guidelines restricting reporters “We have SOPs and media that the media got in the way of against the reporter. The (at least those covering the have ethics. We have a law that the police in the Manila footage, however, only showed NCRPO headquarters in says anybody who would not Peninsula siege, the PNP went two people talking, their heads Bicutan) to the press room. It follow instructions could be on the offensive the following leaning towards each other, the also warned police officers that charged with obstruction of day, actually blaming a reporter reporter’s tape recorder between terrorism and other such justice,” Razon was quoted in for the escape of one of the them. On the video, the sensitive issues are topics that news reports on January 16. Magdalo leaders, Marine Capt. reporter’s hair was straight, not they are not supposed to discuss “Force will be used – if need Nicanor Faeldon. Faeldon is curly. with the media. Instead, police be – to eject members of the being tried on charges of coup Later reports quoted police officers were told to refer media from a “crisis situation,” d’etat at the Regional officers as saying they had a questions on such topics to the Chief Supt. Silverio Alarcio of Trial Court, and was one of video of the reporter talking to designated spokespersons. the PNP directorate for those who walked out of the Faeldon, and handing him operations was quoted by the trial, along with Trillanes and something. Earlier reports said Policing the media Philippine Daily Inquirer. the other Magdalo officers. it was a press card. Not one of On January 11, the justice “We can force you out “We were able to ascertain the police sources quoted department issued an advisory because you are not supposed that the reporter assisted in explained, at least in the news that read: to be inside. You might have to Faeldon’s escape,” Razon was items that came out, how a “PLEASE BE REMINDED be pushed out to enforce the quoted in the Philippine Daily female reporter’s ID could have THAT YOUR RESPECTIVE law. It’s for your protection and Inquirer on January 17. helped a male Marines officer COMPANIES, NETWORKS OR so that you won’t be counted as “Nakita po sa CCTV at meron escape from the battalion of ORGANIZATIONS MAY victims.” din testimony,” Razon was policemen and Marines that INCUR CRIMINAL LIABILITIES Razon was more quoted by the Philippine Star. surrounded the hotel. UNDER THE LAW, IF ANYONE descriptive: “Anong freedom of As early as December, Razon The reporter – as well as

6 Human Rights FORUM other media groups – dared the from the people, that we can and police to file charges in court, we will back our words with but the police was just adamant. action whenever our and the They would not officially name people’s rights and liberties are the reporter; neither would they threatened and assaulted,” said file charges in court. Still, days the NUJP in a statement. after the incident, Razon “The line has been moved,” insisted: “I am not inventing said Maria Ressa of ABS-CBN, this; a reporter helped Faeldon in a statement after they filed escape.” the Writ of Prohibition before the Supreme Court. The rules of Fighting back coverage are changing, she said, The Philippine media, and the media must act to help however, is fighting back. preserve democracy. When the police tried to “Isinasagawa namin ang handcuff the media, not all pagkilos na ito sapagkat hindi namin agreed. ABS-CBN news anchor maaaring hayaan na ang kalayaan Ces Drilon loudly protested, as sa pamamahayag ay magipit sa did Malaya columnist Ellen makipot niyang kinalalagyan base sa Tordesillas. When the others di-makatwiran na prinsipyo na followed Drilon’s and binubuo ng mga nasa Tordesillas’ lead and started kapangyarihan para pagsilbihan ang shouting “walang handcuffs!” as kasalukuyang political na interes,” they sat on the teargas-filled Ressa added. stairs of the Manila Peninsula, In this, at least, the media the police backed down and and the police agree. simply brought the rest of the reporters to Bicutan in a bus. Redefining the rules on Within days, the National coverage Press Club, which had earlier In an interview with ANC’s drawn flak for “replacing” some “Media Nation” in January, revolutionary symbols in a Bartolome admitted they would mural it had commissioned for want to redefine the rules on its building, questioned before coverage. When media groups the Commission on Human criticized the PNP for engaging Rights (CHR) the legality of the A RADIO REPORTER IN HELMET: But is it enough protection against a in a “witch hunt” in saying they arrests. repressive State? Photo by LITO OCAMPO have evidence that a reporter At least three cases have helped Faeldon escape from the been filed in court, questioning fighting for the rights of intimidation to assure its hotel but then refusing to either not only the legality of the freedom of expression and to political survival and reveal their evidence or to file arrests of the media workers but information. dominance. That policy is being charges in court, a Palace official the statements that followed, implemented as journalists again called on the media to meet which said the arrests were legal Writ of Amparo continue to be killed and with them and define rules of and would be repeated, should The Writ of Amparo asked harassed, and bodes ill for the coverage to prevent similar a similar situation occur. for protection from the court, future of press freedom and conflicts between the police and Led by the National Union considering the threats of arrest democracy itself,” the the media in the future. of Journalists of the from the police and the promise petitioners added. No one, so far, has agreed to (NUJP), a group of reporters – in the light of the DOJ Aside from asking for such a redefinition of the rules have filed a class suit at the memorandum – that it will be protection for the journalists of coverage. Makati Regional Trial Court; 11 repeated, should a similar from arrest and harassment by Instead, reporters continue of those arrested at the Manila situation arise in the future. the police, petitioners in the to sign on to the two cases, the Peninsula have filed a Writ of “Unless we do something class suit are also asking for P10 one before the Makati RTC and Amparo before the Supreme about it, the next crisis situation million in exemplary damages. the Writ for Prohibition before Court; another case, for a Writ will see journalists again “The point for demanding the Supreme Court. l of Prohibition, has also been arrested or worse, and charged for damages is precisely to make filed at the Supreme Court. with abetting rebellion or some it costly for those who would *Ms. Batnag is a reporter of Jiji On the day the class suit and other such offense reminiscent abuse the power momentarily Press, a Japanese news agency in the Writ of Prohibition were of the martial law catch-all of entrusted to them by the citizens Manila. She was identified by the filed before the Makati RTC and subversion,” said the plaintiffs of this land,” the petitioners Philippine Daily Inquirer as the the Supreme Court, reporters to the class suit in a statement said. lady reporter being accused by the made a rare show of unity by issued on January 28, the day it “Today, we warn all those police of helping rebel soldier holding a joint press conference, was filed. who would use and abuse the Capt. Nicanor Faeldon escape to highlight the fact that the “The uncertainty is the result power that the people entrusted during the Nov. 29, 2007 “Manila Philippine media is united in of a government policy of press in them by cloaking the truth Peninsula Siege.”

Human Rights FORUM 7 PROBING FOR SENSE AND SENSIBILITIES The Manila Peninsula Incident on Hindsight n By PERCIVAL CENDAÑA

HE MANILA Peninsula incident of November 29, 2007 has Ttaken on quite a myriad of names. It has been called a take-over, a stand-off, a walk-out, a mutiny, a criminal act, a foolish adventure, a farce, a MUTINOUS: did he walk or did he stroll? comic opera, a power grab, a coup, an insurrection and another destabilization plot. Even the supposedly mundane task of grappling for a name to label the report that they “strolled out” Manila Peninsula incident reflects the many different of the Makati RTC. These two ways of how people are making sense of it and from words denote different things: where they are looking at it. the first is forceful while the On the one hand, a label is reveals what already is obvious latter is leisurely. Whichever of extremely crucial in finding the about the politics of this country the two verbs is correct, two meaning that might eventually and everything that is wrong things remain constant. One, lead to a plausible and with it. they were not restrained from acceptable explanation. Three leaving the courthouse; and months after the incident, many “Dissent without action two, their security detail joined them in their unhurried march questions are still left is consent”1 to the Manila Peninsula. unanswered. But on the other Even the verbs used to refer hand, even without the The first hour of the incident to what Brig. Gen. , gave the impression that a definitive answers, making Sen. IV and sense of what happened is painstakingly well-planned other co-accused did on that scheme was unfolding because interestingly possible especially Thursday morning court ON CALL: Director Geary Barias of if juxtaposed with the national the National Capital Region Police the plotters even went to the hearing vary. Some accounts say extent of winning over their political context. This in the end they “walked out” while others Office (NCRPO)

8 Human Rights FORUM SMASHED: By late afternoon of November 29, Lim and Trillanes’ caper was over. They were teargassed. Photos by LITO OCAMPO

guards. But then again it is not them—not much arms to defend surprising. As columnist Randy themselves with, only a handful David puts it, General Lim and of followers, the February 2006 Senator Trillanes “are highly unsuccessful bid wherein Lim regarded by their men and by allegedly expected soldiers to their contemporaries in the march with Anti-Arroyo forces officers corps.” Professor David and the repeated failure to even stressed that “few senior muster massive public outrage officers in the military today can against the Arroyo match their popularity among administration. soldiers.” The two are not only Pundits and observers point well regarded, they are also not out to two plausible greenhorns in the field of explanations, each with a quite military mutiny. complex plot involving other One of the first questions allied military forces. that begs to be answered is why The first theory says that they did it given that the odds Manila Peninsula is a were heavily stacked against smokescreen, a necessary

Human Rights FORUM 9 diversion to take away the the brazen use of force when the attention from the synchronized military rammed a tank through military operations of their the main entrance of the hotel, allies aimed at toppling the was the line of media people in administration. The targets of plastic handcuffs defiantly the offensive could have been raising their restrained hands. the chain of command loyal to The military said that they were the Arroyos, key government just being “invited” to Bicutan officials and the residents of for processing, an invitation Malacañang. that they cannot possibly refuse. The second theory identifies No wonder, in a hour’s time Manila Peninsula as the signal, after the surrender of General the commencement of Lim and Senator Trillanes, the concerted efforts of their allies spotlight of media coverage in strategic military camps in shifted to their fellow what could be described as practitioners being held for “mutiny in place.” Basically, the “processing.” The president’s troops in various camps will instruction to government declare that they are A SWAT team take cover behind a TV network’s vehicle. Photo by LITO OCAMPO officials on how to handle the withdrawing support from the media came two days late. Arroyo administration. behind the incident. What Veteran journalist Amando In the early evening of Doronila captured the November 29, after the “Fighting this righteous happened indignation of journalists when 2 surrender of Lim, Trillanes and cause” was a great he said that “never in the past company, it became apparent Government spokespersons have media people been that none of the two scenarios during the day of the incident miscalculation arrested, handcuffed and materialized. Whatever it is described the issues being manhandled for covering they were planning fizzled out raised by those in the Manila on the part of conflict and investigated for and their action joined the Peninsula as both trite and stale. Lim and involvement in an insurrection, country’s long list of failed They dismissed the grievances regardless of where the purely military-led attempts to of Gen. Lim and company as Trillanes. sympathies lie.” Doronila also overthrow the regime in power. recycled opposition rhetoric. debunked the administration’s Observers point out that The destabilization plot, claim that the presence of media what happened was a great according to them, disrupts the was obstructing military miscalculation on the part of economic development that is of the NBN-ZTE deal, the operations. Lim and Trillanes. In the end, a being espoused by the bribery scandal in Malacañang After the incident, the repeat of February 2006 administration. and the sham impeachment Arroyo government earned happened. The other actors in Fr. Joaquin Bernas complaint filed against another enemy. The battle for the plot, whoever or wherever characterized the public’s President Arroyo. Some contend the freedoms being waged by they may be, did not deliver reaction as “while indicating that it was a logical conclusion media institutions drags up to their part in the supposedly disagreement with the means to the abuses committed by the now as the government grand plan. used by Trillanes and Lim, administration, from the continues to try to restrain More severe critics argue that shows a widespread desire for repeated dismissal of media from covering events like the two were delusional to an end to corruption that has impeachment complaints to the the Manila Peninsula incident. expect their action to spark weighed down the current clampdown of democratic and The hardline stance of the massive defections in the administration.” In calling for constitutional processes in administration as reflected in a military which the plotters say the ouster of the regime haunting atmosphere of recent government memo- is consistent with their premised on the illegitimacy of impunity. The destabilization randum on the coverage of constitutional mandate of being the Arroyo presidency, Lim and plot was a result of the refusal events like the Manila Peninsula the protector of the people and Trillanes have laid down their of the government to address incident is effectively laying the state. Critics even went to the case that in effect reminds the allegations of fraud and bare its persistence to have its extent of saying that the plotters public of the wrongdoings and corruption squarely. way in such situations without missed an important logistic ills of the current The Manila Penisula media documenting their point if they expect civilian administration. They also incident in effect is a actions. support for the simple reason reminded the public of how the repercussion of the crisis of That single image of that the incident took place a day various legal processes have institutions. And an institution handcuffed journalists says a lot ahead of the Bonifacio Day closed down for the airing of in a self-inflicted crisis is prone about the attitude of this rallies. grievances and exacting to incidents like this. administration towards The post-Manila Penin- accountability. This leads to an people’s rights. It is also a very sula discussions revolved appreciation that the Manila Do “not unnecessarily rile the concrete manifestation of the mainly around this matter, Peninsula incident should not media at this point in time”3 government’s disregard of the thus skirting and/or shroud- be at all surprising. One of the most powerful citizens’ fundamental civil ing the more substantial issue The Manila Peninsula images from the Manila liberties. This is further of the compelling reasons incident happened in the context Peninsula incident, other than emphasized by the imposition

10 Human Rights FORUM WHEN THE TANKS CAME ROLLING IN: The posh Manila Peninsula hotel at the height of the November 29 incident. Photo by LITO OCAMPO of a curfew in the evening of even worse. appreciated not only in the Manila Peninsula incident November 29 without a context of the current political would not be the last. As long proclamation of national Better to die for the nation and conjuncture but also on a more as the political crisis persists emergency. not because of some illness4 structural perspective. A flawed and our democracy remains The imposition of the Gen. Lim explained to the democracy like the Philippines flawed, some forces will always curfew, the government said, public their actions on that is prone to events like this. The view military intervention as an was to prevent other mutineers fateful Thursday morning by experience of some Latin option to rectify societal ills from launching another attack. saying, “we shall do whatever American countries and even brought about by corrupt and But observers say that it was we can do to prevent any some of our Asian neighbors fraudulent regimes. l mainly directed towards backsliding to the corruption like Thailand points out that achieving a chilling effect on the and abuse of power of the military intervention as an FOOTNOTES 1 public especially those immediate past, and advance impulse is fuelled by the Pronouncement in the media segments critical of the Arroyo the cause of truth, freedom, instability and lack of credi- of Brig. Gen. Danilo Lim, government, to show that the justice, peace and progress for bility of democratic institutions. November 29, 2007 2 administration will and can take all Filipinos.” As such, these democracies are From the statement read drastic measures. The message, lofty as it is, hostage to direct military during the press conference But more pragmatic pundits did not resonate up to the level interventions with the end goal in the Manila Peninsula, point out that it was meant to Gen. Lim and Sen. Trillanes of regime change. November 29, 2007 3 stain the image of Senator expected. It did not succeed in The Philippine experience President Arroyo’s Trillanes, who garnered a capturing the sympathy of their has brewed its own permutation instruction to her top whopping 11 million votes in fellow soldiers and the general of power transfer outside the officials, December 1, 2007 the elections. The logic, they say, public. Significant segments in legally mandated processes. The 4 Bibeth Orteza, screenwriter is for the people to blame the military did not withdraw People Power phenomenon as and breast cancer survivor, Trillanes et al. for the support from the Arroyo manifested in Edsa 1 and 2 is a during an interview inside the inconvenience of the curfew. administration and the public porous combination of civilian Manila Peninsula, November Whatever the real motivation did not pour into the streets in and military participation. It has 29, 2007, said “Sana kung behind it, the curfew is a protest. But that does not been proven time again by the kailangan mo mamatay, limitation on the freedom of undermine the validity of their Philippine experience that a mamatay ka para sa bayan, movement, a right guaranteed cause and the weight of the purely military intervention is ‘wag kang mamatay dahil sa by the 1987 Bill of Rights. issues they raised even if the bound to fail as exemplified by sakit” The warrantless arrests and form they chose divided even the repeated attempts of Gringo the curfew violate fundamental those critical of the Arroyo Honasan and company during Mr. Cendaña is the Deputy rights and are direct assaults on regime. the Aquino regime and up to a Secretary General of Akbayan civil liberties. After November Beyond the substance and certain extent the Oakwood Party-list. The views expressed in 29, the already poor human rhetoric, the Manila Peninsula mutiny. this article do not necessarily reflect rights record of the Arroyo got incident must also be One thing is for sure, the the official stand of Akbayan.

Human Rights FORUM 11 THE MANALO BROTHERS

FROMn VICTIMS T By MAX M. DE MESA

We must not make a scarecrow of the law, Setting it up to fear the birds of prey, And let it keep one shape, till custom make it Their perch and not their terror.

- Shakespeare’s Measure for Measure, II,i,1 ...... Breaching the barrier

HE LINE that separates a victim of human rights violations (HRVs) from a human The brothers rights defender (HRD) is demarcated by the decision of the human will. The Manalo Raymond brothers, Reynaldo and Raymond, and Tbreached that line when they decided to file charges against their abductors, torturers, the accomplices and Reynaldo those with command responsibility over these security personnel.1 This was done on August 23, 2007, less Manalo put than two weeks after their escape from their 18 month- captivity in the hands of the military. Their reasons, to the test not uninformed with fear of possible retaliation, were the new not only to seek justice for themselves, but to help break the impunity of perpetrators of enforced writ of disappearances, torture and extrajudicial killings, among other human rights violations. By breaking their amparo. silence, the Manalo brothers have initially redefined themselves. On December 26, 2007, under the new rule of the writ of amparo, the second division of the Court of Appeals, in a decision penned by Associate Justice Lucas Bersamin, unequivocably stated not merely tolerated the that “General Palparan’s abduction of civilians without participation in the abduction due process of law and without was also established”,2 probable cause.”3 saying that he was “at the very least…aware of the Denials [Manalo brothers’] Palparan was the captivity at the hands commanding general of the of men in uniform Philippine Army’s 7th infantry assigned to his division at the time the Manalo command.” This brothers were abducted from knowledge, according their homes in Brgy. Buhol na to the Court, showed Mangga, San Ildefonso, Bulacan Palparan’s by soldiers and six members of “indubitable the military-controlled Citizens command policy that Armed Forces Geographical Unit unavoidably encouraged and (CAGFU) on February 14, 2006.

12 Human Rights FORUM TO DEFENDERS the brothers filed a petition for habeas corpus before the Court of Appeals. Respondents to this petition were then Lt. Gen. Hermogenes C. Esperon as Commanding General of the Philippine Army, then Maj. Gen. Jovito Palparan as Commander of the 7th Infantry Division in Luzon, M/Sgt. Rizal Hilario alias Rolly Castillo, and Michael dela Cruz, Madning dela Cruz, Puti dela Cruz, Pula dela Cruz, Randy Mendoza and Rudy Mendoza as members of the CAFGU. Respondents, in their return of the writ, denied being involved or participating in the Manalo brothers’ enforced disappearance, “and have consistently done so ever since.”

Severe torture While in the custody of their captors, the Manalo brothers were kept at different periods in Fort Magsaysay, Laur, Nueva Ecija, the headquarters of the 7th infantry division; Camp Tecson in San Miguel, Bulacan; in a safehouse in Zambales; at the KEEPING THE FLAMES ALIVE: headquarters of the Army’s 24th Human rights advocates call for an infantry battalion in Limay, end to human rights violations. Bataan; and in another safehouse Photos by: JAY AZUCENA in Pangasinan. It was in Pangasinan where the Manalos were able to escape on August Soon after the release of the 13, 2007. decision, Palparan denied in In the course of their arrest media interviews any and illegal detention, Reynaldo wrongdoing on his part or any and Raymond experienced knowledge of the two brothers.4 horrific acts of cruelty, inhuman The General disavowed any treatment and torture. As hand or knowledge in the Reynaldo recounts, enforced disappearance, torture Two soldiers entered the and illegal detention of the room and beat me up. They brothers, as well as the grave doused me with urine, threats against life and security poured hot water over me, of the latter and their parents. hit me in my stomach with a Such brazen denial and defiance piece of wood, slapped me of the courts have been twice in the forehead with a displayed before, as shown by .45 calibre gun, punched my court records. mouth, kicked my head On May 12, 2006, relatives of when I collapsed on the

Human Rights FORUM 13 cement floor, and burned asawa ni “Master” del Rosario,” sa kanya.. “ (They tortured her for Bataan. In one such operation, different parts of my body according to Raymond’s a long time. Almost a barrel of Raymond witnessed the soldiers with a smoldering wood. testimony. Malu told Raymond water was poured down on her.) kill two relatives of suspected When another soldier that she was from Bagong When Sherlyn said that New People’s Army (NPA) noticed I was having Pagasa, that she was abducted Karen helped her with the letter, guerillas. difficulty breathing, he in Sibol, near San Ildefonso. At the soldiers took Karen outside “Dinala kami sa Brgy. Bayan- stopped his companion. the time Raymond met Malu, and tortured her too. While bayanan, Bataan at doon nakita kong They then went to the other she had been held by the Raymond could not see what the pinatay ang isang matandang room where Raymond was military for about a year. soldiers were doing to Karen, lalaking nagkakaingin lamang, si and beat the latter in turn. Sometime in November he could hear her screams. Mang Erning. Siya raw ay pinatay They tortured him in the 2006, while detained inside the The following day, dahil may anak siyang lalaki na NPA same manner I was tortured, barracks of Camp Tecson in San Raymond recounts, he heard the at ang lugar niya ay tuluyan ng including the burning of the Miguel, Bulacan [which hosts soldiers taunting the two UP NPA. Pinatay siya sa gubat na different parts of his body the First Scout Ranger Regiment students. “Inuyam sila sa pinagkakainginan niya; ginamit ang with a smoldering wood. (FSRR) and is under the 24th IB], ginawang pananakit, ipinaalala sa matalas na kahoy at tinaga ang leeg Raymond got to know Sherlyn kanila ang ginawang paghipo sa at ulo. Tinapon ang bangkay sa While the brothers were Cadapan. Raymond described kanilang ari at pagpasok ng kahoy sa bangin sa likod ng manggahan.” being held in Fort Magsaysay, Sherlyn as “babaeng nakakadena” kanilang ari.” (They were taunted (We were taken to Brgy. Bayan- Raymond was able to escape. (chained woman). Sherlyn told about the pain inflicted on them; bayanan, Bataan, where I saw But he was caught and brought Raymond that she had they were reminded that their them kill an old farmer named back to the camp. The captors undergone severe torture. “Si private parts were touched and Erning. According to them, they took their anger on Reynaldo, Sherlyn ang pinahirapan nina a wooden stick was inserted killed him because he had a son saying the escape proved that Mickey, Donald at Billy. Sabi ni inside their sex organs). who is with the NPA, and their the brothers were really NPAs. Sherlyn sa akin na siya’y ginahasa.” place was an NPA lair. They Reynaldo was severely beaten. (Sherlyn was tortured by Transfers killed him in the forest where “Pinalo ang aking likod gamit ang Mickey, Donald and Billy. She The five captives were then he had his kaingin; they used a .45 baril, pinagsusuntok sa mukha told me she was raped.) brought from Limay, Bataan, to sharpened piece of wood. They hanggang hindi ko na makaya ang Raymond himself witnessed a safehouse off the shore of hacked him in the neck and sakit. (They whacked my back the torture of the two women. Zambales. Although Raymond head. They tossed the body in with a .45 pistol, they repeatedly cannot be sure of the exact date, the ravine behind the mango punched my face until I could Sherlyn and Karen he recalls that the transfer trees.) not endure the pain anymore.) On November 26, 2006, the occurred on May 8 or 9. There After a few weeks, the During captivity, the brothers brothers, along with Manuel, the Manalo brothers stayed until military had another operation. “were beaten severely; bathed in Sherlyn and Karen were brought June, when they were again This time, they were taken to their urine; whipped with a chain to the 24th Infantry Battalion (IB) brought back to Limay, Bataan. Brgy. Orion, to a house where with a barbed wire attached to camp in Limay, Bataan. It was After two or three weeks in NPAs are said to usually drop its end; had water poured in their here that Raymond witnessed Limay, the Manalo brothers and by. Raymond said that when the nostrils; and were made to eat the torture of the two UP Manuel were taken to a forested military saw that there was only rotten food.” Their captors also students. area by a certain “Lat”, where an old, sick man inside the threatened to harm them or their Sherlyn told her captors that they slept until Caigas ordered house, they grabbed the old families if they escape or tell there was a gun at her mother- Lat to herd them back to the man’s son and took him to the anyone about the torture that in-law’s house in Calumpit, military camp. riverbank. Donald Caigas shot they had gone through.5 Bulacan. On the evening of April The three were again taken the son three times in the head. 11, 2007, the soldiers took her to to the forest the following night, Witness the place. They found no this time by a certain “Robin.” Torched It was also during their firearm. While they were there, The next morning, they were Raymond recalls another detention that the brothers met Sherlyn attempted to leave a brought back to the camp. night when he saw Donald other detainees, including letter for her mother-in-law. The It was then that Raymond putting a silencer on his gun. women detainees. Two of them military escorts saw the letter noticed that the two UP students Donald told Raymond not to were the missing University of and confiscated it. were gone. pay attention to anything they the Philippines students Upon their return to the “Hindi ko na sila nakita,” might see or hear during the (Sherlyn Cadapan and Karen camp, Raymond saw the soldiers Raymond attested. (I never saw night. Empeño) who were abducted on torture Sherlyn. them again.) “Kung mayroon man kaming June 26, 2006 while doing “Itinali siya sa bangko, itinaas The three captives were makita o marinig, walang nangyari.” research in a farming ang kanyang mga paa. Binuhusan then kept inside the cell where The next day, they saw the community in Brgy. San Miguel, siya ng tubig sa ilong; kinuryente Sherlyn and Karen had been body of one of the captives who Hagonoy, Bulacan. The two siya.” (She was tied to a bench, kept. There they stayed chained had been brought to the camp. were abducted along with her feet were lifted. Water was for three days, Raymond “Mayroong ibinuhos sa kanyang Manuel Merino, a farmer. poured into her nose; she was recalls. katawan at ito’y sinunog. Masansang Raymond recounts that electrocuted.) ang amoy.” (They poured some- while they were in DTU [inside “Sumisigaw sya,” (She was Operation Lubog thing on his body and torched Fort Magsaysay], he got to screaming) Raymond recalls. Raymond and Manuel were him. The smell was horrible.) know a woman named Malu, “Matagal-tagal siyang pinahirapan. forcibly made to join the About a couple of weeks also a captive. “Parang ginawang Halos 1 drum ng tubig ang ibinuhos military’s Operation Lubog in after this, the military abducted

14 Human Rights FORUM two Aetas. “Itinali sila sa labas ng blank check, could be covered by isang kubo, piniringan, ikinadena the commendation. at labis na binugbog. Nakita kong nakatakas ang isa sa kanila at binaril Challenges and risks siya ng sundalo ngunit hindi siya By going after those who tinamaan.” (They were chained have abducted, tortured and outside a hut, blindfolded and detained them, the Manalo heavily beaten. I saw one of the brothers have captured the Aetas escape. A soldier shot support and admiration of local him, but he was not hit.) and international human rights That night, Raymond saw advocates. The Paris-based the soldiers kill the other Aeta International Federation for captive. They also torched his Human Rights (FIDH), for body and buried him. example, in its August 30, 2007 Almost a month after, a Fact-Finding Report on the pick-up vehicle brought two Members of the Philippine Alliance of Human Rights Advocates (PAHRA) Philippines, noted that the bodies to the camp. The bodies denounce State terrorism. Photo by JAY AZUCENA Manalos account “confirms the were placed outside the fence. fear of FIDH that torture is These were also torched. have been summarily killed. 3 in the morning. Guarding them presumably regular in the “Napakamasangsang ang amoy.” When Manuel was caught on this “visit” were Efren, process of arrest or abduction (The smell was horrible.) during his escape attempt, his Hilario and Hilario’s men, who by the military or police.” FIDH captors brought him to another were also the ones who had also noted the existence of a Manuel area of Fort Magsaysay, near the abducted them. But it was only “culture of torture” within the Manuel, the farmer who had camp entrance. He was severely Raymond who was shown to the the Armed Forces of the been abducted along with the beaten: punched, kicked, parents. Reynaldo was kept Philippines (AFP). two UP students, was not flogged with a chain until his inside the vehicle because he The Philippine Alliance of spared. Three days after he back was bleeding. Then could not yet walk. Human Rights Advocates noticed that Sherlyn and Karen gasoline was poured over him. According to Raymond, he (PAHRA), in its press statement, were gone, Suddenly, a person referred to conveyed to his parents the challenged both the president as “Ma’am” called out that general’s instructions. Hilario and the Commission on Human “Ikinadena kami ng 3 araw. someone wanted to see and his men were also present Rights (CHR) to act on the Sa ikatlong araw, nilabas ni Lat Raymond before he was killed. during this talk. Hilario also Manalo brothers’ expose, noting si Manuel (kasama nina Sherlyn The soldiers brought him back threatened the Manalo couple that at Karen) dahil kakausapin daw to where Reynaldo was being that should they join any rally These are serious allega- siya ni Gen. Palparan. held, still in Fort Magsaysay. or associated with people from tions that no responsible Nakapiring si Manuel, walang The brothers were kept in human rights organizations, Commander-in-Chief has the suot pang-itaas, pinosasan. chains for three or four days. The they will not see their children right to ignore. These are Nilakasan ng mga sundalo ang Manalos were told that the anymore. explosive revelations that no tunog na galing sa istiryo ng soldiers were still deciding responsive national human sasakyan. Di nagtagal, narinig whether to kill them or not. Command responsibility rights institution has the ko ang hiyaw o ungol ni Manuel. It may be recalled that prerogative not to Sumilip ako sa isang haligi ng More denials during a session with the Melo investigate. kamalig at nakita kong sinisilaban But General Palparan Commission, Palparan agreed si Manuel. (We were chained refused to give credence to the with the concept under the The challenges and risks are for three days. On the third testimony that the two brothers Doctrine of Command contained in their very day, Lat took Manuel out were brought by Rizal Hilario Responsibility that experiences and to what they because General Palparan and a certain Efren to meet him “responsibility for summary have witnessed. The responses wanted to speak to him. in a basketball lot in Sapang, San executions or disappearance extends they make to these challenges Manuel was blindfolded, Miguel, Bulacan. In this beyond the person or persons who and the risks they are willing to handcuffed, and was not meeting, Palparan gave actually committed those acts. take will define the kind of wearing a shirt. The soldiers Raymond “another chance to Anyone with higher authority, who human rights defenders they pumped up the volume on live,” on the condition that the authorized, tolerated or ignored will be and the rights they will the stereo in their vehicle. latter will tell his parents not to these acts are liable for them.”6 defend. Soon after, I heard Manuel’s attend rallies and court hearings, It must also be remembered In being arrested without moans and screams. I peered or seek help from human rights that then Major General Jovito warrants, uninformed of their out and saw Manuel being organizations, and instead, to Palparan was praised by Ms. rights, illegally detained burned alive.) help convince Raymond’s Arroyo, Chief Executive and without charges before the brother Bestre to surrender. Commander-in-Chief, in her proper authorities and without Miscalculations For consistency and despite State of the Nation Address in counsel of their choice – these Somehow, the brothers have added witnesses to the contrary, 2006 for his supposed exemplary are violations against the right been spared by divine design or General Palparan must also deny performance in counter- to due process. Abduction and by military miscalculations. about what took place next when insurgency. By extension, the enforced disappearance inflict After all, there were several Raymond and Reynaldo were General’s actions against human not only emotional trauma on occasions wherein they could brought to their home at around rights, albeit implicitly as in a the families from whom the

Human Rights FORUM 15 victims are taken but result in FOOTNOTES Alamin ang inyong mga economic dislocation as well. For the poor, each member is a 1 Petition. Republic of the major contributor to the Philippines, Supreme Court. KARAPATAN sustenance and well-being of the G.R.No. 179095, August 23, whole family – on food, health, 2007, 1:11 P.M. filed for the housing and education, among Manalo brothers by the others. Here we realize again Counsels from the Free Legal the indivisibility and Assistance Group (FLAG interrelatedness of human 2 Salaverria, Leila, B. “Court Writ of Habeas Data rights – civil, cultural, economic, says Palparan knew of ATULAD DIN ng writ of amparo, ang social and political. abductions”. Philippine Daily petisyong habeas data ay napagpasyahang There are still those named Inquirer (PDI), December 28, and unnamed victims of 2007, pp.1 and A15 pagtibayin ng Korte Suprema upang 3 K extrajudicial killings, and those Ibid., p. A15 maipagtanggol ang karapatan ng mga tao, lalo na still detained and tortured in the 4 Orejas, Tonette. “Palparan: ang mga kritikal sa pamahalaan, laban sa pang- military’s safehouses who may There’s no such policy; those aabuso ng mga nasa kapangyarihan. never obtain justice because are only perceptions”. PDI, Bagama’t ang remedyong ito ay para sa lahat, ang nagbunsod relatives would not know where December 28, 2007, p. A15. sa mataas na hukuman upang isulong ito ay ang patuloy pa ring to begin to search. Palparan was also seen on pagpatay at sapilitang pagkawala ng mga myembro ng mga While we are glad to see the evening TV news of grupong bumabatikos sa pamahalaan. some initial victories, like that December 27, 2007 which Ito ay nagkabisa nitong ika-2 ng Pebrero 2008. of the case of the Manalo may also have contributed to brothers, we may also begin to newspaper reports the see the limitations of the rule of following day. Ano ang writ of habeas data? 5 Petition. Republic of the the writ of amparo. What we Ang petisyong ito ay nagbibigay proteksyon sa mga taong Philippine, Supreme Court. must guard against is that the nilabag o malalabag pa lamang ang karapatan sa ‘privacy,’ buhay, G.R.No. 179095, op.cit., p. ‘birds of prey’ may get used to kalayaan, at seguridad dahil sa mga ilegal na aksyon o 7 1, Preliminary Statement it and make it also their perch. pagpapabaya ng sinumang opisyal o ahensya ng pamahalaang 6 Report. INDEPENDENT Impunity cannot be stopped nangongolekta at nag-iimbak ng mga impormasyon hinggil sa COMMISSION TO ADDRESS by any individual. It needs a katauhan, pamilya, tahanan, at mga komunikasyon ng mga MEDIA AND ACTIVIST people’s resolve. biktima. KILLINGS,[more popularly To break this impunity, Ipinaliwanag ni Chief Justice Reynato Puno na bagamat ang known as the Melo human rights defenders must habeas data ay katambal ng writs of amparo at habeas corpus, maaari Commission] Created under take root in the different grass- rin itong magamit nang hiwalay upang mapangalagaan ang Administrative Order No. 157 root communities and sectors of karapatan sa ‘privacy’ ng mga impormasyon hinggil sa isang (s. 2006), pp. 30-31 Philippine society. Formations indibidwal. 7 Gabieta, Joey A and Aning, of human rights defenders must Sa ilalim ng remedyong ito, maaaring hilingin sa korte ng Jerome. “Missing activist be organized at all territorial isang tao na ilabas, baguhin, itama, pigilin, o tuluyang sirain ng couple released by military in levels to facilitate the isang opisyal o ahensya ang anumang impormasyong nakalap Leyte”, Philippine Daily monitoring and documentation nila hinggil sa Inquirer (PDI), 30 Dec. 2007, of human rights violations. taong nag- p. A1. Also see Burgonio, TJ. Absent the military’s will to petisyon. Ito ay “Karapatan: AFP liable for have a change of heart, kung mapapatu- couple’s abduction”. PDI, 31 solidarity actions to respect, nayang ilegal Dec. 2007, p. A5. The articles protect and advance human ang paraan ng are about a couple, Manuel rights must go beyond pagkalap at ginagamit sa Pajarito and Juliet Fernandez, territorial, religious, political maling paraan ang who were arrested at a and ideological boundaries for nasabing impormasyon. checkpoint in Pinabacdao, the emergence of people’s Halimbawa nito ang Samar, on May 11, 2007. resolve to end enforced ilegal na pangangalap at They were believed to have disappearances and extrajudicial paggamit ng impor- l been brutally killed and Juliet killings. masyon ng mga militar raped. Search by parents of o ng kapulisan upang Juliet was in vain. Both were The author is the Chairperson gantihan o di kaya’y later presented alive before of the Philippine Alliance of Human patahimikin ang mga the media on Dec. 26, 2007. Rights Advocates (PAHRA) and legal na personalidad na The relief over the couple Convenor of the Citizens’ Council kabilang sa mga being alive should not gloss for Human Rights (CCHR). CCHR sinasabing maka- over, much less condone, the was formed in 2005 to resist the kaliwang grupo. increasing State repression of civil military impunity of the liberties, such as the freedoms of abduction and the expression, association and arbitrariness in complying assembly. with the rule of law.

16 Human Rights FORUM Sino ang pwedeng magsampa nito? Ano ang mga dapat lamanin ng petisyon? Sinumang biktima ay 1.) Mga personal na detalye hinggil sa nagkakaso at maaaring magpetisyon sa korte kinakasuhan. ngunit sa kaso ng mga sapilitang 2.) Paano nalabag o nalalagay sa panganib ang karapatan pagkawala at pagpatay, pwedeng sa ‘privacy’ at paano naaapektuhan nito ang karapatan magsampa sa hukuman ang mga sa buhay, kalayaan, at seguridad ng biktima. sumusunod: 3.) Ang mga aksyon at pamamaraang ginawa ng nagpepetisyon a.) Sinumang miyembro upang makuha o ng pamilya ng biktima; mabawi ang asawa, anak, at mga impormasyong magulang; tinutukoy ng b.) Sinumang kamag-anak petisyon. ng biktima, hanggang sa 4.) Ang kinaro- ika-apat na antas, kung roonan ng mga hindi makapagsampa dokumento, ang mga naunang rehistro, at ‘data- nabanggit. base’ ng opisina at ng taong may hawak Ang pagsusumite ng o may kontrol ng reklamong ito sa korte ay walang impormasyon. Ito ay bayad para sa mga kapus-palad kung nalalaman ng at dapat ding agad na tanggapin nagpepetisyon ang ng hukuman ang petisyon kahit na detalyeng ito. wala pang patunay na ang nagsumite ay kapus-palad nga. 5.) Ang mga nais hilingin ng nagpetisyon tulad ng Mayroon silang labinlimang (15) araw upang makapaglabas ng pagtatama, pagbabago, pagpigil sa pagsasapubliko, mga patunay na sila nga ay at pagsira sa mga dokumento at iba pang anyo ng mga dukha. dokumentasyong naglalaman ng impormasyon.

Saan ito pwedeng isampa? Kapag may mga pagbabanta, maaari ring hilinging Ang petisyong ito ay itigil na ng inirereklamo ang aksyong ito. maaaring isumite sa Regional Trial Court (RTC) 6.) At iba pang kaugnay na remedyong makatarungan at kung saan nakatira ang patas. nagrereklamo o kaya ay ang inirereklamo. Pwede ring sa Pag-isyu ng Writ of Habeas Data RTC na nakakasakop sa lugar kung Kapag naisampa na ang petisyon at nakita ng huwes batay saan kinolekta o inimbak ang sa kanyang pagsusuri na dapat ngang maglabas ng writ na ito, impormasyong tinutukoy ng petisyon. magpapadala ang ‘clerk of court’ ng writ, na may selyo ng Depende na ito sa desisyon ng mag- nasabing hukuman, sa lahat ng partidong kasangkot, sa loob pepetisyon. ng tatlong araw. Maaari ring idulog ang petisyong ito Kung makita ng hukom o ng huwes na kailangang sa Korte Suprema o sa Court of Appeals mabilisang maipalabas ang writ, pwedeng siya mismo ang o di kaya’y sa Sandiganbayan sumulat nito at magtalaga siya ng taong kung ang pwedeng maghain nito pakay ng sa kinauukulang reklamo mga tao. ay pam- Nakasaad publikong din dapat sa impor- kopya ng writ ang masyon na petsa ng gaganaping kinolekta ng mabilisang paglilitis hinggil sa isang nakahaing petisyon na hindi ahensya o dapat lumampas sa sampung opisina ng araw (10 working days) mula sa gobyerno. araw na naisyu ang nasabing writ. l

Human Rights FORUM 17 n By TRACY PABICO

HE GLOBAL campaign for the abolition of the death penalty made a significant leap when the United Nations General Assembly (UNGA) in its 62nd Session adopted a Resolution on the Moratorium on the Use Tof the Death Penalty. The Resolution was recommended by the Third Committee (Social, Humanitarian and Cultural Committee). It was passed despite overwhelming protests from a number of Member States on December 18, 2007 by a vote of 104 to 54, with 29 abstentions. GLOBAL MORATORIUM ON EXECUTIONS: TOWARDS WORLDWIDE ABOLITION OF THE DEATH PENALTY Moratorium on executions The resolution on moratorium on the use of the death penalty reaffirms the right to life as it is affirmed in Article 3 of the Universal In October Declaration on Human Rights and in other international 2007, human rights treaties such as the International Covenant on Civil PhilRights and Political Rights and the Convention on the Rights of the took part in Child. It also recalls resolutions lobbying for on the question of the death penalty adopted by the former the adoption Commission on Human Rights. The resolution welcomes of a global “the decisions taken by an increasing number of States to apply moratorium on a moratorium on executions, the use of the followed in many cases by the abolition of the death penalty”. death penalty. It calls on all States that continue to impose the death Marlin Gray Vigil Pictures, October 26, 2005, St. Louis Independent Media penalty to “respect international Center. www.stlims.org

18 Human Rights FORUM VOTE ON A MORATORIUM ON THE USE OF THE DEATH PENALTY HE DRAFT resolution on a moratorium on the use of the death penalty (document A/62/439/ TAdd.2) was adopted by a recorded vote of 104 in favour to 54 against, with 29 abstentions, as follows: UN BUILDING UN PHOTO LIBRARY ...... IN FAVOUR: Albania, Algeria, Andorra, Angola, Argentina, to review their use of the death Armenia, Australia, Austria, Azerbaijan, Belgium, Benin, Bolivia, penalty Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Chile, Colombia, Congo, Costa Rica, Debate at the Third Committee Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican The draft resolution on a Republic, Ecuador, El Salvador, Estonia, Finland, France, Gabon, moratorium on the use of the Georgia, Germany, Greece, Guatemala, Haiti, Honduras, Hungary, death penalty was approved by Iceland, Ireland, Israel, Italy, Kazakhstan, Kiribati, Kyrgyzstan, the Third Committee with a Latvia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mali, recorded vote of 99 in favor to 52 Malta, Marshall Islands, Mauritius, Mexico, Micronesia (Federated against and with 33 abstentions. States of), Moldova, Monaco, Montenegro, Mozambique, Namibia, The approval of the draft Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Palau, resolution had been a result of Panama, Paraguay, Philippines, Poland, Portugal, Romania, Russian intense debate and deliberation. Federation, Rwanda, Samoa, San Marino, Sao Tome and Principe, Each Member State stood firmly Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, NO TO THE DEATH PENALTY: on their national positions on the European Union (EU) dimplomats Switzerland, Tajikistan, The former Yugoslav Republic of Macedonia, death penalty: abolitionist or Timor-Leste, Turkey, Turkmenistan, Tuvalu, Ukraine, United and Filipino Lawmakers. retentionist, for or against. Photo by TRACY PABICO Kingdom, Uruguay, Uzbekistan, Vanuatu, Venezuela. Retentionist standards that provide safeguards Against: Afghanistan, Antigua and Barbuda, Bahamas, Bahrain, A total of 14 amendments to guaranteeing the protection of the Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Chad, the draft resolution were rights of those facing the death China, Comoros, Democratic People’s Republic of Korea, Dominica, introduced by countries (Egypt, penalty, and to provide the Egypt, Ethiopia, Grenada, Guyana, India, Indonesia, Iran, Iraq, Singapore, Barbados, Antigua Secretary-General with information Jamaica, Japan, Jordan, Kuwait, Libya, Malaysia, Maldives, and Barbuda, and Botswana) relating to the use of capital Mauritania, Mongolia, Myanmar, Nigeria, Oman, Pakistan, Papua opposed to the moratorium on punishment and the observance of New Guinea, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint the use of the death penalty. safeguards”. Vincent and the Grenadines, Saudi Arabia, Singapore, Solomon Opponents to the resolution The resolution entreats Islands, Somalia, Sudan, Suriname, Syria, Thailand, Tonga, Trinidad stated that the move was an other countries to “progressively and Tobago, Uganda, United States, Yemen, Zimbabwe. restrict the use of the death penalty attempt by States that have and reduce the number of offences abolished the death penalty to for which it may be imposed”. impose their values on States Abstain: Belarus, Bhutan, Cameroon, Central African Republic, The resolution also calls on that have not. Cuba, Democratic Republic of the Congo, Djibouti, Equatorial all States that have abolished the The draft resolution was Guinea, Eritrea, Fiji, Gambia, Ghana, Guinea, Kenya, Lao People’s death penalty not to re- perceived as an imposition on Democratic Republic, Lebanon, Lesotho, Liberia, Malawi, Morocco, introduce it. the sovereignty of each State to Niger, Republic of Korea, Sierra Leone, Swaziland, Togo, United Arab Although not legally practice its own legal systems. Emirates, United Republic of Tanzania, Viet Nam, Zambia. binding, the UNGA resolution A number of Member States on a moratorium on the use of argued that the death penalty is Absent: Guinea-Bissau, Peru, Senegal, Seychelles, Tunisia. the death penalty is a significant not illegal under international ...... human rights tool. The human rights law and that every resolution is an affirmation of State has the sovereign right to SOURCE: Member States’ commitment to determine its own criminal and work towards abolition of the judicial system. Opponents to UNGA DPI News and Media Division. General Assembly adopts death penalty. It is also a the resolution also argued that landmark text calling for moratorium on death penalty. http:// relevant instrument that will the death penalty is a matter of www.un.org/News/Press/docs/2007/ga10678.doc.htm. encourage other Member States the country’s criminal justice December 18, 2007

Human Rights FORUM 19 and not of human rights. moratorium on the death The UNGA domestic matters of a State. Arguments were focused on penalty by the international Co-sponsors had hoped that the principle of non- community did not constitute a resolution on a the adoption of the draft intervention of the UN in form of intervention in the resolution will lead to a domestic matters and domestic jurisdiction of a State. moratorium on universal dialogue on the death maintenance of national The purpose of the draft penalty and human rights. sovereignty for each Member resolution was not to intervene, the use of the In the end all proposed State. but to reinforce a growing amendments were defeated and trend towards phasing out the death penalty the draft resolution was adopted. Abolitionists death penalty, which was a is a significant Co-sponsors and supporters legitimate concern of the Cross-Regional Initiative of the draft resolution defended international community. human rights The initiative for a global that the draft resolution does not They believed that the issue moratorium on executions was violate the sovereignty of death penalty is a matter that tool. primarily led by ten countries: principle of any Member State, fell within the principle of Albania, Angola, Brazil, as such resolutions are not human rights as well as the Croatia, Gabon, Mexico, New that the promotion of all human interventions. They believed dignity of a human person, and Zealand, the Philippines, rights and fundamental that the promotion of a Portugal (for the European freedoms must be Union) and Timor Leste. The considered a priority idea was to organize a cross- concern of the UN. The regional initiative that will call death penalty is certainly on other States to adopt a not just within the resolution calling for a moratorium on executions. Eighty-seven countries, including the 27

20 Human Rights FORUM HR DiGEST European Union states, more Recorded executions worldwide than a dozen Latin American fell by more than 25% in 2006, countries, and eight African with a drop from at least 2,148 states jointly introduced the in 2005 to at least 1,591. resolution. “I am particularly en- The resolution has been a couraged by the support collective effort of countries that expressed for this initiative from have abolished the death many diverse regions of the penalty. world,” U.N. Secretary-General But opponents of the Ban Ki-moon said in a statement. resolution only pointed to EU “This is further evidence of a as the driving force. They trend toward ultimately abo- claimed that the resolution was lishing the death penalty.” l an imposition of Western values MORE BUDGET NEEDED: Dilapited schools (above), farm-to-market roads (below) Photo by TRACY PABICO by the EU. The Philippine Human Rights EU States have abolished the Information Center is a member death penalty and is considered of the Anti-Death Penalty Asia 2008 budget: hefty, as a continent free of the death Network (ADPAN) and was penalty. EU has been supportive part of Amnesty International’s of global campaigns and local lobbying delegation to the but is it enough? initiatives aimed at abolishing United Nations General T IS the country’s biggest ment of P12.982 billion, for a new the death penalty. Thus, a Assembly which took place in budget ever. With a P1.2267 total appropriation of P94.729 support for the resolution is but October 2007 at the UN in New trillion budget, people billion. relevant and necessary. York City. I should be expecting more Health, education and Two previous attempts to services from the government agriculture also received have the General Assembly SOURCES: in 2008. The 2008 budget is increases of P5.790 billion, adopt a moratorium on the premised on the generation of P4.829 billion and P1.872 billion death penalty in 1994 and 1999 UN News Centre. General P1.236 trillion in government respectively. failed. Assembly committee backs global income, of which P1.108 trillion This time, human rights moratorium on death penalty, is expected from taxes, and P127 organizations such as http://www.un.org/apps/news/ billion from non-tax sources. the Amnesty Interna- story.asp?NewsID=24679&Cr= The approved budget is tional (AI), the World general&Cr1=assembly. about P300 million less than Coalition Against the November 15, 2007 what Malacañang originally Death Penalty and proposed. regional networks like UNGA DPI News and Media Lawmakers cut some P25.9 the Anti-Death Penalty Division. Ten Amendments to billion from debt servicing as Asia Network (ADPAN) Draft Proposing Moratorium on proposed in the budget lobbied relentlessly for the Use of Death Penalty Rejected by Malacañang submitted to adoption of the UNGA Recorded Votes in Third Congress. They likewise cut resolution. Committee, http://www.un.org/ P12.638 billion from the Photo by RHODA VIAJAR News/Press/docs/2007/ proposed allocations for “slow- With the increased Towards universal abolition gashc3905.doc.htm. November moving projects, excess allocation, basic and higher The resolution did not 14, 2007 allocations and other education now has an abolish the death penalty. miscellaneous allotments.” appropriation of P158.602 However, the call for a UNGA DPI News and Media According to Rep. Edcel billion; health, P25.847 billion; moratorium establishes a Division. Two-Day Deliberations Lagman, head of the House and agriculture, P29.161 billion. framework of abolishing the End with Contentious Resolution committee on appropriations, At P295 billion, debt death penalty. The resolution Calling for Moratorium on Use of these amounts were then re- servicing remains the biggest is a powerful tool for human Death Penalty Approved by Third allocated to social services. budgetary item, eating about rights activists to organize Committee After Vote, http:// The P38.5 billion coming 24% of the total budget. actions that will compel www.un.org/News/Press/docs/ from the debt service reduction Aside from debt servicing, the governments to review and 2007/gashc3906.doc.htm. and the cuts in “slow-moving other contentious items include report its implementation. November 15, 2007 projects” were realigned to the insertion of additional P13.5 According to Amnesty increase the appropriations for billion as Priority Development International, a total of 133 UNGA DPI News and Media health, education, agriculture, Assistance Fund (PDAF) for countries, from all regions of the Division. General Assembly social welfare, infrastructure, congressmen, popularly referred world, have abolished the death Adopts Landmark Text Calling for local governance and develop- to as “pork barrel”, and the P114 penalty in law or practice and Moratorium on Death Penalty, ment, justice and the judiciary, billion “unprogrammed funds” only 25 countries carried out http://www.un.org/News/Press/ labor and employment, energy, requested by Malacañang, which executions in 2006. 91% of all docs/2007/ga10678.doc.htm. environment, and public safety Rep. Lorenzo Tañada III known executions took place in December 18, 2007 and security. described as a “blank check” six countries: China, Iran, Iraq, Infrastructure allocations being handed to President Pakistan, Sudan and the USA. http://www.amnesty.org received the highest realign- Arroyo. l

Human Rights FORUM 21 HR DiGEST Arugaan, through Ines Fernandez, criticized the SC Breast milk advocates lose decision, saying it favored the N A DECISION widely protection of infant formula criticised by local and sales rather than Filipino international advocates of mothers and their babies. The I ban on advertisements “would breastfeeding, the Supreme Court on October 9, 2007 voted have aligned the Philippines to strike down three portions of with international standards on the Health Department’s infant formula milk,” Administrative Order 2006- Fernandez said. 00012 or the revised Fernandez added that “even implementing rules and the Codex Alimentarius, the regulations of Executive Order internationally recognized 51, popularly known as the standards and guidelines relating “Milk Code.” to food production and safety, has In nullifying the Milk Code’s already disallowed nutritional prohibition on infant formula health claims on formula milk.” advertisements, the high court The Codex Alimentarius was ruled that the Department of established by the World Health Health (DOH) can only regulate Organizations and the United and not completely ban the Nation’s Food and Agriculture advertising and promotion of Organization. breastmilk substitutes for Instead of seeking a motion children up to two years of age. for reconsideration, the DOH Despite the lifting of the ban, said it would work with Congress in revising the Milk the DOH vowed that infant Code and support the passing formula ads will “go through of new laws on breastfeeding. stringent checks” by the Inter- The Pharmaceutical and Agency Committee that checks Healthcare Association of the milk ads before these are aired. Philippines (PHAP) stood as Health Undersecretary Alex petitioner in the case. Padilla said the IAC will Among its members are determine the truthfulness of medical giants Abbot Labora- these ads and check for false tories, Wyeth Philippines, Mead nutritional health claims that Johnson, AstraZeneca Pharma- milk companies make on their ceuticals, Bayer Philippines, products. DEPRIVED OF MOTHER’S MILK: Aggressive promotion of infant formulas Novartis, GlaxoSmithKline and The breastfeeding group has imperilled the well-being of Filipino babies. Photo by TRACY PABICO Mercury Drug corporation. The stakes are certainly high for infant milk companies. The Philippines is one of the most Declining breastfeeding rate noted lucrative markets for baby formula products. A 2006 report HE SUPREME Court 24 days in 2003 — a far cry from to mother’s milk.” Alipui said from AC Nielsen shows that decision comes at a the recommended six months.” that this is far from the truth. more than $100 million are Ttime when public The international standard is In the Philippines, about spent annually to advertise health officials are voicing exclusive breastfeeding until 82,000 children under 5 die milk, an amount that is almost alarms over the decreasing six months and continuous each year, mainly because of half the DOH annual budget. number of mothers who are breastfeeding until two years. poor nutrition. The World According to industry breastfeeding their babies, This significant decline in Health Organization esti- estimates, some P3.1 billion of coupled with the high infant breastfeeding rates over the last mates that about 16,000 of infant milk is imported mortality rate. The DOH ten years can be traced to these deaths are caused by annually by the Philippines, and notes that exclusive breast- aggressive promotion, “inappropriate feeding it is sold at seven times the feeding rates during the first advertising and marketing by practices, including the use of import cost, or P21.5 billion. four to five months have infant milk manufacturers, infant formula.” l PHAP lawyer Felicitas declined, from 20% in 1998 to UNICEF notes. Arroyo argued that the multina- 16% in 2003. According to Dr. Nicholas SOURCES: tional milk companies would UNICEF reported that Alipui, UNICEF’s representa- www.bulatlat.com stand to lose P10 billion (US$222 “the average duration of tive to the Philippines, “Infant www.gmanews.tv million) if the RIRR were exclusive breastfeeding in the formula has been glamorized to www.inquirer.net immediately implemented, and Philippines went down from the point that many mothers are www.medindia.net/news that this would force the 1.4 months in 1998 to a mere now convinced that it is superior www.msnbc.msn.com companies to reduce their in- country workforces. l

22 Human Rights FORUM F A C T S A N D F I G U R E S HR TRiViA: FOOD SECURITY STATISTICS n THE RIGHT WORDS 1995-1997 2001-2003 2008 (Projected) WE MUST recognize the role of human rights in eradicating hunger Population (in millions) 69.9 78.6 90.5 and poverty, and the connection between development, human FOOD DEPRIVATION rights and security. UN Secretary-General Ban Ki-moon’s message 1990-19921995-1997 2001-2003 on World Food Day 2007 Proportion of undernourishment (%) 26 22 19 n IN THIS QUARTER Number of undernourished (millions) 16.2 15.4 15.2 WORLD FOOD Day is th commemorated every 16 of POVERTY October, the day the Food and Agriculture Organization (FAO) 2003 2006 was founded. Since its first Poverty Threshold observation in 1981, WFD aims (in Philippine Pesos) 12,309 15,057 to increase awareness of the Poverty Incidence problem of hunger, food (% of population) 30.0 32.9 insecurity, malnutrition and famine that plague more than Magnitude of Poor 850 million people all over the (in million) 23.8 27.6 world. FOOD AND POPULATION GROWTH (AVERAGE ANNUAL RATE OF CHANGE (%)) In 2007, the World Food Day 1979-1981 1990-1992 1995-1997 banners the theme: The Right to to 1990-1992 to 1995-1997 to 2001-2003 Food. According to international law, the right to food “is the right Food 2.6 3.1 2.6 of every person to have regular Population 2.4 2.2 2.0 access to sufficient, nutritionally adequate and culturally poverty, and hastening and CHILD NUTRITIONAL STATUS (1998) deepening the sustainable acceptable food for an active, Wasting, less than -2 s.d (%) 6.5 healthy life. It is the right to feed development process. Stunting, less than - 2 s.d (%) 32.1 oneself in dignity, rather than the Overweight, more than + 2 s.d (%) 1.0 right to be fed.” Through this In the Philippines, the World Food Day commemoration is year’s observance of WFD, HEALTH governments are reminded that highlighted by the Social 1990 2003 the Right to Food is not just an Weather Stations (SWS) survey economic, moral or political that shows “hunger has risen to Life expectancy at birth (years) 66 70 its record high status since (mid) imperative – it is a legal Under-five mortality rate 1998 with 21.5% of families obligation. Calling attention to (per 1,000 live births) 63 36 the Right to Food demonstrates living with hunger.” increasing recognition by the Infant mortality rate (0-1 year) international community of the Sources: (per 1,000 live births) 45 27 important role of human rights http://www.fao.org http://www.whiteband.org Sources: NSCB; FAOStat, Food and in eradicating hunger and Agriculture Organization of the United Nations LABADA REPUBLIC

Human Rights FORUM 23 IN DEFENDING human rights and human dignity, Write for silence is not golden. So speak up. Write down your thoughts. Your ideas are valuable. Contribute to the Human Rights Forum. your rights Send us Letters to the Editor, literary contributions, analytical essays, feature stories, in English or Filipino. You may also send us photos and images.

Please submit your contributions through the following contact details:

The Editor, Human Rights Forum c/o Philippine Human Rights Information Center (PhilRights) 53-B Maliksi St., Brgy. Pinyahan, 1100 Quezon City Tel. nos. +(632) 433-1714 and +(632) 436-5686 E-mail: [email protected]

...... Contributors must provide the following details: Name, Organizational Affiliation (if applicable), Address, Telephone or Mobile Number, E-mail

ANNOUNCEMENT INCE APRIL 2004, the Philippine Human Rights Information Center (PhilRights) has been accepting interns from local and international institutions and Suniversities. This Internship Program is open to college students, researchers or professionals who are interested in doing internship work in an NGO like PhilRights, especially those who want to expand their experience in human rights work. Interns are assigned to one of PhilRights’ four institutional programs: information, research, training, and monitoring/documentation.

For details, please contact Mr. Pepito D. Frias, PhilRights Training Associate, at 433-1714 and 436-5686.

PHILIPPINE HUMAN RIGHTS INFORMATION CENTER (PHILRIGHTS) BUSINESS MAIL ENTERED 53-B Maliksi St. Barangay Pinyahan AS 3RD CLASS (PM) 1100 Quezon City Permit No.: PM-07-03-NCR

24 Human Rights FORUM