DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 1 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL July 16-18, 2015 Washington D.C. Published by IBON International TABLE OF CONTENTS Preface 1 Messages From Convenors 2 Indictment 8 Opening Statement 28 Experts’ Testimonies 31 I. Expert Witness: Overview Of The Human Rights Situation And The Prevailing Impunity In The Philippines 32 II. Expert Witness On The General Socio-Economic Situation Of The Philippines 47 III. Expert Witness On The Framework And Context Of The Third Charge 68 People’s Summation 74 Verdict 77 Profile Of Jurors 131 Profile Of Complainants 135 Position Paper Submitted To The Tom Lantos Human Rights Commission United States Congress 138 Annex 143 Proof Of Service 144 Letter To Defendants 145 Basic Rules Of Procedure 146 Case Summaries 152 Photo credit: Faye Lacanilao I. Civil And Political Rights: Presentation 152 II. Civil And Political Rights: Submission 174 2015 Copyright © IBON International III. Economic, Social, And Cultural Rights: All rights reserved Presentation 205 IV. Economic, Social, And Cultural Rights: Submission 220 IBON International V. Right To Self-Determination 226 3rd Floor IBON Center 114 Timog Avenue, Quezon City Actual Flow Of Proceedings 229 Philippines 1103 Participants To The Tribunal 237 Tel: +632 9277060 to 62 ext. 202 Telefax: +632 9276981 Acknowledgment 240 Website: http://iboninternational.org/ ii iii PREFACE PREFACE The International Peoples’ Tribunal (IPT) on Crimes against the Filipino People convened on July 16 to 18, 2015 in Washington, DC. The Philippine government, represented by Pres. Benigno Simeon Aquino III, and the US Government under Pres. Barack Obama, were found guilty for gross human rights violations, plunder and transgression of the Filipino people’s sovereignty. It was a victory for the Filipino people. It was a victory for justice. iv DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 1 MESSAGES MESSAGES International Coalition for Human Rights in the Philippines The International Coalition for Human Rights in the Philippines is a joint convenor of this International Peoples’ Tribunal because of the urgent need to draw the attention of the international community to the crimes not only of the current Philippine government as represented by President Benigno Simeon Aquino III against the Filipino people, but also those of the US government, under the watch of President Barack Obama. ICHRP was launched in July 2013 in Quezon City, the Philippines, at a major conference on human rights and peace for the Filipino people. The ICHRP is an effort MESSAGES FROM CONVENORS to overcome the ongoing impunity for massive human rights abuses which continued from the presidency of Gloria Macapagal Arroyo. ICHRP deeply thanks the organising team for the International Peoples’ Tribunal for making this important event possible in Washington DC. ICHRP salutes the courage of the witnesses who will come forward into the public gaze to testify to the crimes they allege against the accused political leaders. ICHRP expresses its deep appreciation to the Counsel and Jurors who will analyse and assess the evidence presented to them. ICHRP calls on the global community to acknowledge that this International Peoples’ Tribunal is conducted according to the highest international standards for the conduct of a judicial hearing, and is based on the profound statements of human rights set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. At the conclusion of the International Peoples’ Tribunal and based on its findings, we urge all national human rights institutions and citizen-based advocates for human rights and peace to take action to stop human rights violations in the Philippines, including extrajudicial killings and disappearances. We urge these organisations to join our International Coalition for Human Rights in the Philippines to take action to end the impunity currently enjoyed by the Philippines and US governments for the gross and systemic violations of political, economic, social and cultural rights of the Filipino people. The Reverend Canon Barry Naylor (UK), Chairperson, Global Council of the International Coalition for Human Rights in the Philippines Peter Murphy (Australia), General Secretary, Global Council of the International Coalition for Human Rights in the Philippines 2 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 3 MESSAGES MESSAGES National Lawyers Guild IBON International conveys its heartfelt solidarity to the victims and survivors of human Greetings Delegates and Participants, rights violations in the Philippines who have bravely stood up and continue to fight for justice and accountability. Together with the other convenors of the International Peoples We are profoundly thankful for your support of IPT 2015. The ongoing Tribunal (IPT), we commend you for bringing to light the grave human rights situation in impunity for human rights violators in the Philippines has left hundreds the Philippines and the culture of impunity prevailing under the current regime. of victims and their families without justice or even acknowledgment of This year will be Philippine President Benigno S. Aquino III last State of the Nation wrongdoing by President Aquino and his ally the U.S. government. When Address. Yet, six years under his reign, the atrocities of the past – extra judicial victims cannot find fair treatment through their government’s legal process, killings, harassment and intimidation of activists and journalists, and militarization of the people must step forward and make their support of the victims known. communities – continue with impunity. The infringement of the Filipino people’s civil We welcome you to hear the testimonies and other evidence and decide with and political liberties goes hand in hand with the violation of their social and economic the jurors as they make their final verdict. Your joining of the IPT 2015 is rights. BS Aquino’s economic strategy continues to follow the neoliberal diktats of the IMF-WB-WTO and the US. Currently, the regime is pushing for the amendment of the an expression of the right of the people to hold states accountable for their constitution to allow 100% foreign ownership of land and vital industries. violations and failure to uphold standards of international law. Thank you for your role in exposing the crimes of the Philippine and U.S. government against Under Aquino’s helm, the privatization of essential services and utilities has accelerated, exacerbating inequalities and heightening the vulnerability of the already poor and the Filipino people and your part in raising national and international visibility disenfranchised majority. Recently, Aquino expressed interest in jumping on the free of the ongoing violations. trade bandwagon orchestrated by the US called the Transpacific Partnership Agreement. The TPP poses yet another ominous threat to the Filipino people’s right to decent work, food, and health and the Filipino nation’s right to self-determined development. Very truly yours, The government of the United States of America under Pres. Barrack Obama is directly culpable for the crimes of the BS Aquino regime. Obama has consistently propped up the Aquino regime through the massive deployment of US military forces in the Philippines in the guise of fighting terrorism and thwarting China’s expansionist ambitions in the region. Vanessa K. Lucas Obama and Aquino have shown little respect for the nation’s sovereignty and Subcommittee on the Philippines democratic institutions and processes. American troops are involved in intelligence NLG International Committee work, provide weapons and training to the Armed Forces of the Philippines, and according to reliable accounts, directly participate in combat operations. The unequal provisions in the military agreements between the US and the Philippines enable erring American soldiers to escape legal liability, as shown in the case of the rape of a Filipina in Subic in 2005 and the dastardly murder of a transwoman in 2014. The Philippine government, like the US government, prides itself of having the principles of human rights enshrined in its Constitution. But the Filipino people have yet to attain the full realization of their human rights. History shows that human rights cannot be simply handed to us on a silver platter; they are fought for by the people. We at IBON International unite with the quest for justice for the countless victims of human rights violations in the Philippines. We stand in the frontline of the struggle for justice, human rights and lasting peace for all Filipinos. Antonio Tujan, Jr. Executive Director, IBON International 4 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 DOCUMENTS OF THE INTERNATIONAL PEOPLES’ TRIBUNAL 2015 5 MESSAGES MESSAGES International Coalition for International Association Human Rights in the Philippines of Democratic Lawyers (ICHRP-USA) Greetings from the International Association of Democratic Lawyers to the International Peoples' Tribunal on Crimes against the Filipino people by July 9, 2015 President Benigno S. Aquino and the US Government as Represented by Message from President Barack Obama ICHRP - USA, Co-convenor Warmest greetings and thanks to all those participating and supporting The International Association of Democratic Lawyers (IADL) congratulates all the