3EUR ISSN: 2192-3353 © Benedikt Kratz POLITICAL CHANGES IN THE PHILIPPINES - CHANGES IN HUMAN RIGHTS? I.P.O.N. – International Peace Observers Network | Volume 3 | Number 1 | July 2011 2 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 3 | Number 1 | 2011 CONTENTS Editorial 3 Political Changes – Changes in Human Rights Policies? A Record 4 Keeping up the Momentum: Human Rights Policy in the Philippines 7 Towards Ending Impunity in the Philippines – The Role of Civic Action & Judicial Processes 8 Aquino Administration’s Human Rights Direction: Traversing a Straight Path? 12 Civilian Protection Component of the International Monitoring Team 16 High Expectations of President Aquino – The View of Local HRDs 18 Fruitless Actions – How State-Agencies Protect HRD in Areas with “Landlord Resistance” 22 Statement of Assets, Liabilities, and Net Worth Cutting Down Corruption in Public Office? 25 Witness Protection – Remaining Challenge or Unmet Promise? 26 IPON Evaluates Red-Baiting 28 The Question of Red Baiting in the Philippines: More than Obstruction of NGO Work 29 Ikaw na ba, Ginoong Aquino? – Are you the man, Mr. Aquino? 30 Slum Fires in Manila – Evolving Conflict between Urban Poor and Private Property Owners 34 IPON Starts its Presence in Northern Mindanao 35 From Marcos to Another Aquino: Impunity, Accountability and Transnational Justice 36 IPON and the Instrument of Human Rights Observation 39 Aims and Scope 39 OBSERVER: PRICE SINGLE ISSUE 3.00 EURO A JOURNAL ON THREATENED HUMAN RIGHTS DEFENDERS IN THE PHILIPPINES SUBSCRIPTION INFORMATION OBSERVER: is published biannual. EDITORIAL BOARD Carmen Albers, Lukas Bauer, Stephanie Berry, Asja Caspari (Layout), DONATIONS & MEMBERSHIP Luca Martin, Friederike Mayer, Martin Nambula, Johannes Richter, International Peace Observers Network e.V. Patrick Seeger, Johannes Tonn, Ester Vogt, Marin Wende. PURPOSE: „Observer“ Registered non-profit institution; donation receipt and supporting EDITOR membership possible. I.P.O.N. International Peace Observers Network e.V. Project Office SWIFT/BIC-CODE: GENODEM1GLS Nernstweg 32, 22765 Hamburg, Germany IBAN: DE40430609671119085800 www.ipon-philippines.info BANK: GLS Gemeinschaftsbank, Germany [email protected] +49 [0] 402 5491947 EDITORIAL DEADLINE vol. 3, number 2: 15 October 2011 OFFICE ADDRESS IN THE PHILIPPINES IPON, c/o Cyrus A. Ellorin, FINANCIAL SUPPORT Ruiz Street, Sumpong Stiftung Nord-Süd-Brücken aus Mitteln des BMZ (foundation); not 8700 Malaybalay responsible for the content. [email protected] phone: +63 [0] 9393205776 68 Florida Street, Brgy. Villamonte 6100 Bacolod City observer.negros@ ipon-philippines.org This work is licenced under the Creative Commons Attribution phone: +63 [0] 34 7040185 3.0 Germany Licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/3.0/de/. ISSN 2192-3353 Reprints are welcome, please send us two copies. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 3 | Number 1 | 2011 3 EDITORIAL After the election victory of This volume will illustrate the programme for witnesses and their Benigno Aquino, who had been change of power to a newly elected family members to avoid EJK. Not supported by the “yellow army”, national administration and reflect only the local needs and concerns the new president appointed on political changes in human rights with regards to the new presidency his “rainbow cabinet”. At that at the macro as well as the micro- will be expressed and elaborated in time, little attention was paid level. In the introductory article, an interview with a HRD, but also to the human rights policy of the hopes for improving the human extrajudicial killings (EJK) and rights situation. The basis of this enforced disappearances (ED). INTERNAL PEACE AND SECURITY PLAN will be the constructive interaction “BAYANIHAN” During the presidency of Arroyo, of national, regional and local human rights were treated with authorities as a means to solve contempt, and EJK and ED increased human rights related problems tremendously, comparable to the of local HRD groups in Negros (terror) regime of dictator Marcos. Oriental in conflict with recalcitrant During the election campaign, the landowners. Carranza presents the new president Aquino promised expectations and possibilities of a substantial improvements in the truth commission, as an important respect of human rights, and tool to rehabilitate the human announced that he would follow rights violations under the Arroyo in his mother’s footsteps, who had regime. To enhance this volume, the brought the dictatorship, a dark article by Hammann highlights the Art By chapter for human rights, to an end. Joyce Alaine Reyes election pledges of the presidential One year in office, the president © ARMED FORCES OF THE PHILIPPINES | Bayanihan - is candidates for human rights during now has to prove that his actions this the way to shoulder Philippines challenges? the previous election campaign. are according to the promises In the next issue one particular made. Is he really willing to put an the authors address human rights aspect of criminalisation of HRD end to the horrible time of Arroyo? injustices on the national level. will be discussed – the so called Resuming peace negotiations The German Federal Government red-baiting – that is constantly with the communist guerrilla, and Commissioner for Human committed by state authorities. n replacing the “counter-insurgency Rights Markus Löning states his programme” with a new programme impressions of the judicial system more peaceful in wording, is when he visited the Philippines simply not enough. More serious early this year. The subsequent steps are necessary to improve the article discusses the condition of judicial system: How will he prevent the judicial system with an emphasis criminalisation of human rights on impunity. It avails itself of an defenders (HRDs) (cf. Observer vol. example of an actual murder case 1 no. 1) and impunity? Will there of a representative of the civil be any repercussions for Jovito society. The German Friedrich CALL FOR ARTICLES Palparan, general under Arroyo, Naumann Foundation compares and will his alleged EJK and ED the Aquino administration with Call for articles until the ever be addressed with a lawsuit? its previous government. Within 15th October 2011 (editorial How will the Aquino administration the Philippine domestic security deadline). Welcome are articles ensure that human rights are policy, the nonviolent peaceforce with a systematic analysis on the complied with throughout all state for the peace process in Mindanao national and local level. institutions at all administrative will be discussed. The following levels – particularly within the three articles specialise on the police, military and the judicial micro level, namely, the specific system? shortcomings of the protection 4 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 3 | Number 1 | 2011 Political changes – CHANGES IN HUMAN RIGHTS POLICIES? A RECORD In May 2010 “Noynoy” Aquino III succeeded Gloria Macapagal Arroyo (GMA) as President of the Republic of the Philippines. He is the son of Benigno “Ninoy” Aquino, who was the leading figure of the opposition against Marcos and was killed in August 1983, and Corazon Aquino, who was the first democratic president (1986–1992) after Marcos. His highly esteemed parents made him a beacon of hope for changes in contemporary Philippine constitutional legality. What has he achieved, one year after being elected? To answer this question, Philippine constitutionality, its legislative framework and actors therein have to be analysed. The measures undertaken by the new Aquino administration have to be carved out and be questioned for their effect on the oppressive climate of impunity in the country. Maike Grabowski 1978 (Münster/Germany), is the coordinator of the German Action Network In 2008, when still chairing the Senate Committee on signed and ratified human rights mechanisms. Human Rights – Philippines (ANHRP, www.menschenrech- Local Government and being the vice-chairperson On paper, the country illustrates democracy – but te-philippinen.de). ANHRP, of the Committee on Justice and Human Rights, what reveals a critical look behind? International jointly formed by different development aid and human Senator Benigno S. “Noynoy” Aquino III presented Non-Governmental Organisations as well as the rights organizations, promo- a bill in the 14th Congress addressing the ‘Superior relevant UN Committees attest defaults and tes lobby- and information Responsibility Act of 2008’. He announced that even violations of international human rights work in Germany and the EU regarding the human rights “there are quarters in our political system that obligations. This has to be seen as the result situation in the Philippines. succumb to the temptation of using their power of a missing implementation of international and in the process undermine the system of justice standards into national legislative power. and accountability just to remain in power and One turning point in the claims of national and position. It has also been observed lately that many international human rights organisations is the killings and disappearances of human rights activists signing of the Rome Statute. The treaty of the and members of the media are still unsolved up International Criminal Court (ICC) is seen as a to this time and allegations of military