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Declaration of Independence (1776) Globalization and Human Rights "We hold these truths to be self March 12. 2008 evident, that all men are created Leeward Community College equal, that they are endowed by their Creator with certain unalienable Rights, that Jon M. Van Dyke among these are Life, Wm. S. Richardson School of Law Liberty and the pursuit University of Hawaii at Manoa of Happiness. --
Are There "Inalienable" or * lIa certain "Natura'" or "Universa'" Human universe of Rights? values having 'UIII ' I'~. .L do with human If so , where can we find them? dignity" • "understood Are they the same all over the to apply across I world, or do different cultures national have different boundaries & values ~ cultural divides and respect different "'~ rights? .....
Navajo i said that "proeer to enact Jaws the protections of rulers "[Tlhe idea of being superior to a fellow only ' or "to enact laws to enrich the chiefs only, Navajo or nature is discouraged. There is an without regard to the enriching of their subjects also." innate know/edge in each one of us that we The Declaration also recognized property rights, are to treat with respect all persons and stating that "Protection is hereby secured to the nature with whom we share this world. " persons of a/l the people, together with their lands, their building lots and all their property while they conform to the laws of the kingdom, and nothing W'hh~at:i:ev~;e::r,./, lu!'P~~~ 1 shalJ be taken from allY jf, Navajo except by express protection of Delegation the laws." 1874 King Komehameha ITI
University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Nazi Concentration Camps • "Freedom of speech and 1 . :..- expression" ,. .. .. - ';;:;" , .J' :;;.::. • "Freedom of every person to .-'- worship God in his own way" • "Freedom from want.... eloorlornic understandings which wi ll secure to every nation a healthy peacetime life for its inhabitants everywhere in the world" • "Freedom from fear ... a world-wide reduction of armaments to such a point...that no nation will be in a position to commit an act of physical aggression against any neighbor- in the world"
Nuremburg Charter victims -- six million were Article 6 murdered. * Crimes against peace • Roma and Sinti (Gypsies), people with mental and physical disabilities, * War crimes and Poles were also targeted for destruction or * Crimes decimation for racial, ethnic, or national reasons . against * Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of humanity war, and political dissidents, also suffered urI'.ve)us oppression and death under Nazi NuremburgTrial Major De.fer.dants (1946)
Article 55 - UN Charter With a view to the crea tion of conditions of stability and well-being which are necessary for peaceful and friend ly relations among nations based on re spect for the principle of equal rights and self-determ ination of peoples, the United Nations shall promote: ... C. universal respect for, and observance of, human rights and fundamental freedl)m,.1 for alJ without distinction as to race, sex, language, or religion.
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University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection UNIVERSAL INTERNATIONAL COVENANT ON CIVIL DECLA TION OF AND POLITICAL RI GHTS (1966) - about 160 ratifications - U.S. ratified in 1992 -- accepted state HUMAN RIGHTS (1948) v. state complai nts under Art. 41 -- adopted by U.N. General OPTIONAL PROTOCOL TO ICC PR (1966) Assembl y - allows citi zens to bring comp laints again st their own governm ent to the J-Iu man Rights Committee in CONVENTION ON THE Geneva - U. S. has no t signed or rat ifi ed PREVENTION AND PUNISHMENT OF INTERNAT IONAL COVENANT ON THE CRIME OF GENOCIDE (1948) ECONOM IC, SOCIAL AND CU LTURAL AMERICAN DECLARATION OF THE RIGHTS (1966) - more than 130 ratifications RIGHTS AND DUTIES OF MAN (OAS U.S. has signed but not ratified. 1948) INTERNA TIONAL CONVENTION ON THE ELIMI NATION OF ALL FORMS OF RA('J AI. n1SrRIMI ( 1%01
Regional Human Rights Conventions
Article 1: [T]he term 'torture' means any act • 1953 European Convention on which severe pain or suffering, whether physical mental, is intentionally inflicted on a person for Human Rights such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or IS • 1969 American Convention on suspected of having committed, or intimidating or Human Rights coercing him or a third person, or for any reason based on discrimination of any kind, when pain or suffering is inflicted by or at the instigation of or • 1981 African Charter on with the consent or acquiescence of a public official or other person acting in an official Human and People's Rights capacity. It does not include pain or suffering arising on ly from, inherent in or incidental to lawful sanctions.
Ratifications of Torture • _. Philippines Convention (2005) Chm"
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University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Ferd inand E. Marcos
Imelda Marcos
OC TOber 21 . 1966
Ferdinand E. Iravel·images.com And Imelda Marcos
Ferdinand Marcos Declaring Martial Law Sept. 21 ,
1972 ).~-;- . . "~"':;;'::~~~~ .. _. . .. -.. -
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University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection '~r.".·. II. .. , . OIU'U ."If' , .
,"'...... , "'_'.... -...... e OI , d . ,,~ ... ~~ ...... , 11.1~!t,""."" ...... ~ c.-.o .....u ...... O"-I 0(,JI ...... _ ' '''''' .f " ~""'"_ ...... " .. ~ ...... ,... ,...... , ...... ;o>'''~ ...... " " ... """ . ...""".,, ;,- ..... , ...... , ...... I ....' ,''' c..w,"_.' "r I~", . ... ",,,, . ' ...... " ...... _. ( .... "'.,_·u_ ••.., .. ,,,,, ...... , "'''I"k oM ""~ ~w. o .. c.. .., ...... , >'01 ...... ,...~., ...... t_ ,,""'" , __"'" .... ~... , ...... ) ...... , ~ ..., ....,.~ .... C<>-...... h' ....t .... ,...... 0/ "''''fl'. I "' .. ~. ""," 'w" :.o " ... .,.~! !t...... P.I ..... I. f ...... , ... •... 0;•• T1 1H.Lf"I).H.l. rU.Dt"' ...... D r.. ~ ~'LK{;O.-;. rt"d'1\1 d. ~7~"' .... n:p.li Ml~~ "...... , R,,,,,tli< 01 "'" I'hllippi .... ; MAJ ...... ,mON CE:-;TER5 .... ,/"'., . ~'fliE PH Il./l'!'I:-':ES , ~:;""".C· : ... ~ ' ~;5~~~~: . - K _ _ '_" ~<' ~h .. --, .... -., .... -.. :;.,~~ ~ ~ ~ ~ ., ~~...... -~ :.~.,., ',,,,," -,,, I .... .... , " ,' 5 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection , , ,- ... ,.~, - ...... -... - -. . _, -"~~ .. -,,...... h __ 0-_ ... ~:;;.;, : ," . - ' ...... ." '"~", ""-~~' ... ,_r. _. ", ~ ,,_.,-.. Ferdinand & Imelda Marcos Campaigning During the 1986 ' Snap" Election Cory Aquino 6 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Ferdinand E. Marcos, Geo rge & Jean Ar iyoshi. Honol ul u March 1986 Stephen W . Bosworth U.S. Ambassador to the Philippines, 1984-87 I ooworder Mrs. Aquinp to Slep' down. gi\t. lht~pnmcnt to my vICe prcs ldent, and. \\'alt lor my n:tum ... Bong Bong & Imelda Viewing Casket Ferdinand E. Marcos 7 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Imee Marcos-Manotoc, leader of the 1980s * Ferdinand Marcos fled Manila & came to Honolulu * Trajano complaint was served on him and on his daughter Imee Marcos-Manotoc * She did not answer the complaint * Class complaint was also served Agapita Trajano. mother of Congresswoman Archie Trajano. Imee with her attorney. Marcos-Manotoc Sherry Broder Was it appropriate to file a claim on behalf of Filipinos who were Robert abused in the Philippines in the US Swift District Court for the District of Hawaii? 8 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Marcos Human Rig hts Litigation 18, 1986 Was it appropriate to file a claim on FOllg dismissed the cases against behalf of Filipinos who were abused in the Marcos based on th e nct o/slMe doctrille. Philippines in the US District Court for the 1989 -Ninth Circuit re vcr9.!d; District of Hawaii? Ferdinaud E, Marcos died. Marcos was in Hawaii. ~~ Therefore, Hawaii was the only jurisdiction where personal jurisdiction could be obtained over him. March 25, 199 1- District Judge An action filed in any other court waul d Malluel Renl awarded $4,000,000 to the not have met international standards of due Trajano fami ly process. Marcos Human Rights Litigation - Amicus Curioe Brief Filed by the Philippines 09SD , i Ferdinand Marcos Human The Republic of the Philippines filed a ~ very strong amIcus curiae brief In 1987, ., Rights Litigation September stating that the U.S. courts should "allow ' .... ".~ ... .-' Plaintiffs ... l o present their evidence of gross human rig his 1992 - Federal jury in Honolulu violations again st Ferdinand Marcos and to pursue justice In U.S. District Court." ruled that the Marcos Estate This amicus brief explained "without hesi tation or reservation th at its foreign relations with the United States was liable to the class of will nor be adversely affected If these human rights claims "gainst Ferdi nand Marcos are hea rd In U.S. courts; and In victims of fact, relations may well be Improved if Filipino citizens see that justice Is available in U.S. courts. The Philippine Government has previously expressed its deep concern to torture, murder & the U.S. Governme nt about the need for a just solution to the present suits against ex·Presldent Marcos .... " disappearances. (Emphasis in original). Torture Technigues Used bi: Marcos Regime 1. Beatings while blindfolded by punching, kicking and hitting with the butts of rines 2. The "telephone" where a detainee's ears were clapped Stephen W. simultaneously. producing a ring ing sound in the head Bosworth 3. Insertion of bullets between the fingers of a detainee and squeezing the hand: U.S. 4. The "wet submarine," where a detainee's head was submerged in a toitet bowl fu ll of excrement; Ambassador 5. The "water cure," where a cloth was placed over the detainee's mouth and n ose, and water poured over it to the producIng a drowning sensation; 6. The "dry submarine," where a plastic ... Phil ippines, bag was placed over the detainee's head 1984-87 producing suffocation; 7. Use of a detainee's hands for putting ,.!f!!L oullighled cigarettes; 9 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Water-Boarding Q: Is torture illegal? A: Yes. Q: Is waterboarding torture? a,ulhinll A: "I don't bt<;1>""" dlltk:~II , Il" g .etlo. I li",u!nlllCl : know what . unject tHis cloUl 1/1 d ,awolng, (kith is involved in $ub)e<.t boll' 1(11 Inl ... ogftIIOll III IIc>p the technique." Soldiers in Vietnam use the waterboarding technique on an uncooperative enemy suspect near Do Nang in 1968 to try to obtain information from him . 10 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Torture Techniques Used by Marcos Regime (4 27) 8. Use of flat-irons on the sales of a detainee's feet Rights Litigation 9. Forcing a detainee while wet and naked to sit before Octo ber 21, 1992 - Ninth Circu it an air conditioner oft en while sitting on a block of ice 10. Injection of a d ea r substance into th e body a detainee affirmed the Trajano verdict. believed to be truth serum June 1993 - Supreme Court denied 11. Stripping, sexually molesting and raping female certiorari. detainees ; one male plaintiff te stified he was threatened wi th July 1993 -10.000 regislered to be L---"~_....JI rape class members. 12. Electric shock where one electrode is attached 10 the genitals of males or the breast of females and another February 1994 - Jury awarded the Victims electrode to some oth er part of the body ... and electrical $1,200,000,000 in exemplary damages. energy .. . is sent through the body 1994 - Ninth Circuit affirmed substantive and 13. Ru ssian roulette procedural rulings. 14. Sofitary confinement while January 1995 - Jury awarded Victims hand-cuffed or tied to a bed $775,000,000 in compensatory damages. December 1996 -Ninth Circuit affirmed the jury verdicts. How Should the Losses Suffered by the ...., .. "" Human Rights Victims Be Va lued? """", ~ =- , .,..., .~." ...... a'(#' ..... - ~ The Marcos Jurv Awards: [I] ~.-- .... .-: Torture =$51,719 " ...... ,.1. ;·. q...... ·:· ·.. _:t °U ~\7~" =. .'C:,. Mfl , ,, Summary Execution = $ 128,5 15 . ( ~ 'H':': ""-" ~. ~ '~ :..l "'".... : .... ~ ,=. ~ :~ : <::.>.~ 'u Disappearance = $107,853 ~ Is that enough? Too much? Japallese-Americans ilJfemed r/urillg World .' -. -' " ••~ .... ·.~I.<."" • "0 .~ , ,.~~ r" War /I received $20,000 each. Enough? Too much? Would a Ciass selllelllellt oj 5150,000,000 be ar/equate? n-·.: ,. ~ .• ::.- . .!:::. ,ti' [The Class has 9,541 members. ] Universal Declaration of Human Rights - The Marcos Litigation Article 8 Class of 9500 has a judgment of $2 Everyone has the right to an billion against the Marcos Estate for effective remedy by the competent torture, murder, and disappearances. national tribunals for acts violating the How to collect? fundamental rights How to establish that granted him by the funds discovered belong constitution or by to the Marcos Estate? law. Does the Republic of the Philippines have an obligation to provide compensation to the victims? Eleonor Roosevelt II University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection e e asquez 0 rlguez ose ~__ (Inter-American Human Rights Court. :... -. _ ,.. 1988) o' ~-= ' , 'r-.= -:::: ~ A student ~ disappeared ~ in Honduras, ';':':. ~:-.' after being laken away by (plain-clothes) --. military personnel. The Court held that the duty to investigate the incident and prosecute the wrongdoers carried over to the successor Honduran government, after the military regime was replaced. Ft.rdinand & Imt.lda in Mak,ki Ht. ighlS Hou$t.. IgS7 The C01'.rt e,mphas!z.ed * $30,000 from bullet-proof Mercedes anlll""e of more respectful * $400,000-$500,000 for a Picasso the government in painting in New York vio·lation,s occurred." Current Active Marcos Cases iii i i • Merrill Lynch v. Arelma, $35.000.000 Referring specifically to the judgment of the awarded to the victims. now pending a ce rtiorari Human Rights Victims underlying the interpleader, decision by the Supreme Court the Swiss Court stated without qualification that " the Philippine government is liable for * Interpleader action in Singapore, over indemnification of the victims. according to $22,000,000 that was in Swiss bank internationallaw,"specifically citing accounts Articles 2 and 14 of the • Claim for land in Colorado International Covenant on Civil and Political • Claim for land in Texas Rights as well as the • Claims in the Torture Convention and Philippines based on Philippine law. underlying U.S. judgment Efforts to Collect the Judgment in the II Philippines The Swiss Court also recognized in its decision of December 10, 1997, that the Philippine The Class of Human Rights Victims judiciary has "shortcomings" and that it is sought to file their US judgment with the " reputed to be ponderous and susceptible to Philippine court, but were told that they corruption and political influence." would have to pay a percentage of the For this reason, the Swiss Court included as a condition of tra nsferring the money to the judgment as the filing fee -- $8.4 million!! Philippines the requirement that the Philippine .. '.'" " ...•...... , .... government " reg ularly update" the Swiss .. ' .. ,. . authorities on the procedures established "to I ... . ,. compensate the victims of human rights violati,on's I ~ under the Marcos regime." , I These conditions have never been fulfilled. ~. . 12 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Mi jares v. Ranada Mi jares v. Ranada (Phil. Sup.Ct, 2005) J' :<;>~'~,,~ ~E;~I (Phil. Sup.Ct 2005) r~1" "" ' ! (After waiting for six years), the The Court referred to "the colossal Philippine Supreme Court overturned the damage wrought under the ruling of the lower court that the Marcos Human Rights Victims had to pay a filing fe e oppressive conditions of the of $8.4 million to transfer the U.S. judgment martial law period. The cries of to the Philippines for collection. justice for the tortured , the murdered , The Court characterized the lower court and the desaparacidos arouse ruling as "legally infirm and unabashedlv outrage and sympathy unjust. II The decision was based on an in the hearts of the interpretation of Philippine law as well as ~ . international law. fair minded .... " ~'-"ii' . ..4i,~ Mi jares v. Ranada ICCPR - Article 2(3) Each State Party to the present Covenant (Ph iI.SupCt. 2005) undertakes: The U.S. judgment "is not conc uSlve yet, (a) To ensure that any person IVh ose rights or but presumptive evidence of a right of the freedoms as herein recognized are violated shall petitioners against th e Marcos Estate. [T]h e have an effective remedy, notwithstanding that the violation has been committed by persons acting in Marcos Estate is not precluded to present an o ffi cial capacity; evidence, if any, of want of jurisdiction, want of (b) To ensure that any person claiming such a notice to the party, collusion. fraud , or clear remedy shall have his ri ght thereto determ in ed by mistake of law or fact." competent judicial, administrative or legislative authorities, or by any other com,IjQ_..... ""'''''' ...... , "On the other hand, the speedy resolution of provided for by the legal syste m this claim by the trial court is encouraged, and to develop the possibilities of jU( contumacious delay of the decision on the (c) To e nsure th at th e comp merits will not be brooked by this Court." authoritie s shall e nforce such re International Covenant on Civil & Political Human Rights Committee Rights (ICCPR - Geneva) Prom ulgated by th e U.N. General Assembly in iii 18 members - elected for /ollr~year terms 1966. serve in their individual capacity - can be re ~ clccted Rlllijied by tile Vlli/ed Stales ill 1992. (Article 32) Monitored by I8-member I-Iuman Rights Commi ttee "persons o/high moral character aflll (Geneva). recognized competence in th efiel{/ o/lwnulIl rights " (Article 28) United States has not accepted the Optional What are th eir powers? Protocol, whi ch would permit complaints Ii'o m individuals. * Re)!iew individual complaints (i/Optiollal Protocol is ratified) But it docs allow statc-to-slatc * Review natioJJal reports alltl make commellls co mpl aints under Article 41. The receive no salar . 13 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection • "the right to equality before the August 16,2006 - Philippine courts (requires) that the procedure before national tribunals must be Supreme Court ruled that Imee conducted expeditiously enough so Marcos-Manatoc had not been as not to compromise the principle properly served. • The Philippines "has provided no reasons to explain why It took (eight years) to consldcr a maNer of minor "Due to non-compliance WVii;l:h;~:~:J~~:~ complexIty. " valid substituted service, the;; i held before • "the length of time to resolve tills Issue was the trial court perforce must be annulled." Service unreasonable" was made on July 15, 1993 and the trial court • The Philippines "Is under an obligation to ensure an decisions were on October 11, 1994 and December adequate remedy ... lncludlng, compensation and prompt resolution of their case 011 the enforcement of the US 21, 1994 and the Petition for Ceriorari and Prohibition judgement." was filed on January 20, 1995. • "the Committee wishes to receive from the State The Philippine Supreme Court had thus been party, within 90 days, Information about the measures taken to give effect to the Committee's views." considering this matter for 11 112 years. Merrill Lynch Pierce, Fenner & Smith, Inc. v. ENC Corporation (9th Cir. 2006) In 1972 (the same " Merrill Lynch deposited the Arelma assets in year as he declared the US District Court for the District of Hawaii and filed an interpleader action, naming all potential martial law), Ferdinand creditors as "defendants" - including the Republic E. Marcos opened an of the Philippines, the Philippine National Bank, account with Merrill and "Arelma," Lynch consisting of "The Republic claimed sovereign immunity $2,000,000, in the name and was allowed to withdraw from the proceeding. of a Panamanian " The Republic asserted that it [i]" was an indispensable party, and __ -i~= ~ corporation named "Arelma." thus.that ~h~ proceeding could not . .: ~;?c1§~ continue In Its absence. .!~,::=~~ e:- Merrill Ly~ch v. ENC Cor 9th Cir. 2006 Judge John T. Noonan Jr. noted for Rehearing & Confirmed Ruling Awarding that the Class is "composed of victims $35,000,000 to Marcos Human Rights Victims of a rough and rapacious ruler, who This denial of the petition for rehearing cleared the often exercised arbitrary power." way for these revenues to be distributed to the almost He emphasized that "the Republic has not 10,000 victims, but the granting of certiorari by the taken steps to compensate these persons who U.S. Supreme Court has caused further suffered outrage from the extra-legal acts of a man If the Supreme Court affirms, who was the president of the Republic." each victim will receive $2,000 Although the Arelma assets "will scarcely satisfy" the judgment obtained by the Human from the Merrill Lynch account, Rights Victims, "[n]onetheless, the symbolic with further distributions expected significance of some tangible recovery is not to be in the future . disregarded, and if the recovery is distributed pro rata among the individuals, it will have moneta ry meaning for the poor among them." 14 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Republic of the Phil ippines v. Pimentel Merrill Lynch ENC Corp. (9,h Cir . 2006) (Supreme Court 2008) 1. Did the Republic (a nonparty) have exa~~:ei:~;O:.::::ro~ht~~;;:~~:i:u~~ ~~e !@ Philippine's interest and determine that its claim standing to challenge the interpleader to the Arelma assets would be barred by New decision to the Ninth Circuit? York's six·year statute of limitations (and hence 2. Was the Ninth Circuit correct in ruling that, as a practical matter, it would not be that the Republic was not an indispensable prejudiced by the interpleader, because it would party? have lost even if it had participated)? Although the Republic clearly knew about the Arelma Account as early as 1986, and utilized U.S. courts to block access to this account in 1987, it thereafter failed to make any effort whatsoever, in either a U.S. or Philippine court, to establish that it is entitled to this Account. Can the Republic of the Philippines Establish that The Republic presented no evidence the Arelma Account Was the Property of the whatsoever to support its assertion that the Republic . Even in a Philippine Court? Arelma assets had bee n stolen by Marcos from Earlier this week, a Manila court acquitted Republic, and both the district court and the Court Imelda Marcos of 32 counts of illegal money of Appeals concluded that these assets belonged transfers. to Marcos. "The court cannot in all conscience convict the If the interpleader is dismissed, then every accused on the basis of mere hearsay and on the government on the planet - no matter how basis of documents which were not nefarious - will have the power to block human and proved in the proper manner." rights victims & other SF Chronicle (3/11/08): "Critics judgment creditors from have accused the Marcos family and ever collecting their the government of striking deals to jUdgments. mismanage the corruption cases." i i i Republic of the Is the United States (through its Philippines v. Pimentel f~, ' • :;", :~ amicus curiae brief) correct in Is it relevant to asserting that US interests will be consider the fact that 15 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Republic of the Philippines v. Pimentel The Conseguences of a Dismissa) Should a foreign government have special Courts must be able to facilitate an end power to block an adjudication in US courts? to litigation. W.S. Kirkpatrick & Co., Inc. v, Environmental Te ctonics Corp., 493 U.S. 400, 409 (1990) (Justice Merrill Lynch has explained that the Scalia): Republic will only be able to obtain the • "Courts in the United States have the power, disputed Arelma assets by bringing a claim and ordinarily the obligation, to decide cases and against Merrill Lynch in a US court, which controversies properly presented to them," will trigger another interpleader action, • "The act of state doctrine is not leading eventually to another determination some vague doctrine of abstention" in favor of the Victims. • Th is doctrine "does not establish an exception for cases and controversies that may embarrass foreign governments." ~ Merrill Lync~ Protesters display portraits of former dictator Ferdinand On March 14, 2007 , the Subcommittee on East Asian and Pacific Affairs of the United States Senate's Marcos, left, and International Relations Committee held a Hearing on Philippine Preside nt Extrajudicial Killings In the Philippines, receiving Gloria Macapagol witnesses who confirmed that human rights abuses arc Arroyo, right, during continuing in the Philippines. a rally at the Those testifying provided reports of hundreds of monument depicting extrajudicial killings during the last few years, with victims the assassination of from all walks of life - farmers, fishers, workers, former opposi tion Ind igenous persons, Moro persons, journalists, human Senator Benigno rights workers, lawyers, doctors, teachers, church officials, " . Aquino, women, and children. Aug. 20, It Is widely thoug ht that the Philippine eve of the military is involved In these killings and that i,o,nm",o""ion of it operates with the knowledge and support of the current Philippine government. REPUBuc OF THE PHIUPPINES In early 2007, UN Rapporteur Philip Alston characterized the killings as "a grave and seriou i1J_ problem," stating that the Philippine military I "remains In a state of almost total denlal...of its "I!/ need to respond effectively and authentically to the Significant number of killings which have been convinci ngly attributed to them." He stated that President Arroyo has a responsibility " to persuade the military that its reputation and effectiveness will be considerably en hanced, rather than undermined, by acknowledging the facts and taking genuine steps to investigate." He explained that the number who have been killed "is high enough to be dIstressing" and that the type of killings alleged "is corrosive In many way's" because it " intimidates vast numbers of civil society actors, It sends a message of vulnerability to all but the most well connected, and it severely undermines the political discourse which Is central t~ a resolution of the problems confronting this 16 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection Victims of Human Rights Abu ses Have: * The Right to Have the Abuse Investigated, * The Rightto Compensation I and * The Right to Have the Perpetrators Prosecuted. The Obligation to Investigate, Prosecute, and Provide Compensation Carries Over to the Successor Government, Even If It Is More Enlightened and Was Not Involved in the Abuses. 17 University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection