Posts

De Lima, rights defenders warn UN on Duterte’s ‘snake oil salesman of a government’

/in /by

By adopting a more diplomatic tone in its resolution on the state of human rights in the Philippines, did the United Nations Human Rights Council (UNHRC) expect the Rodrigo Duterte government to suddenly behave? Senator Leila de Lima asked.

Reacting to the Council’s position on the penultimate day of its 45th General Session last Wednesday, the imprisoned Senator asked the UNHRC if after 28,000 murders and hundreds of cases of attacks on critics and human rights defenders, does it expect the Duterte government to “grow a conscience and cultivate an appetite for the promotion and defense of human rights?”

In a statement read at an online press conference by her spokesperson Atty Fhillip Sawali last Thursday, October 8, the Senator also expressed doubt that the technical cooperation offered by the UNHRC to Duterte’s government will finally enable it to fulfill its international obligations on human rights.

De Lima said the resolution is “not responsive to the human rights calamity under the Duterte government,” adding the new UNHRC resolution is out of sync and incongruous with its earlier resolution calling for in-country investigations by independent experts on reports of human rights violations the President himself encouraged.

“It does not meaningfully address the need to stop the policies and practices that result in EJKs (extrajudicial killings) and other gross human rights violations. It does not put in place an independent investigation of the killings and other abuses,” de Lima said.

She added that technical assistance and capacity-building for domestic investigative and accountability and similar measures do not result in any concrete mechanism that can lead to the prosecution and punishment of the masterminds and perpetrators of crimes and human rights violations.

The Senator said she fears that the government may just use UNHRC’s supposed technical assistance and capacity-building programs as convenient covers to hide its actual policy of contempt towards human rights and human rights defenders.

“In other words: the new UNHRC resolution fails to take concrete steps towards ending the killings. It likewise fails to advance the cause of justice for the numerous victims and their bereaved families,” she said.

De Lima urged the UNHRC “not to be easily swayed by the snake oil salesman of a government that has clearly declared an open war against human rights and the rule of law.”

 “How do you disable a killing machine? You confront it tenaciously, with all the talents and tools that you have, aiming at disarming and dismantling it, and holding responsible all its masterminds and operators,” de Lima said.

Diplomacy at work?

Philippine government officials were quick to welcome the UNHRC resolution and claimed the international body trusts that Philippine criminal and judicial institutions to address human rights violations.

In an online briefing Thursday, presidential spokesperson Harry Roque said the resolution “shows that the UN Human Rights Council trusts the institutions tasked to address human rights violators.”

“We will fully cooperate with the UN Human Rights system because that is what we want. We are not saying we are perfect. Do not criticize us and help us instead,” Roque said.

Justice secretary Menardo Guevarra for his part said he will get the proferred technical cooperation with the UNHRC going and create a panel to review drug operations resulting in deaths.

The latest UNHRC resolution was co-sponsored by the Philippine government.

‘Simple posturing’

Asked on the possible reasons for the tone of the resolution and the calmer response by the Philippine government, National Union of Peoples Lawyers president Edre Olalia said it appears that the Duterte government is shifting its stance from belligerence to mollification.

“After overwhelming, persistent and consistent condemnation by the international community on the state of human rights in the Philippines, the Duterte government painted itself to a corner by its combative stance in the past,” Olalia said.

“The calmer tone may be a tactical approach to temper criticism of its record and it may also be a strategic approach to preempt accountability for its human rights violations,” Olalia added.

The lawyer also explained that voting at the UN is political and influenced by set voting patterns, lobbying, quid-pro-quo among States, and regional considerations.

“But what is relevant is whether the victims receive justice or the perpetrators are only emboldened further. In the end, it is the policy and reality on the ground that matters,” he said.

Karapatan secretary general Cristina Palabay added that the Duterte government should not be too quick on claiming it won points with a resolution written in fine language.

“What is very clear is that there still needs to be strong domestic accountability and impartial investigations,” Palabay said, noting that the resolution is still based on the report filed by the UN Office of the High Commissioner on Human Rights (OHCHR) detailing thousands of rights violations by the Duterte government.

“The challenge here is how the Philippine government honors and views OHCHR recommendations, as well as those by other independent local and international human rights organizations,” Palabay stressed.

Palabay recalled Duterte’s recent online address of the UN General Assembly where he called for “open dialogue” and “constructive engagement” but complained that human rights had been “weaponized” against him and his government by local and international critics.

“Duterte is clearly just posturing. In any case, the ball is in the government’s court, so to speak,” she said.

The Kilusang Magbubukid ng Pilipinas also dismissed the government’s assurance of dialogue and cooperation with human rights mechanisms.

“Any technical cooperation and capacity building on human rights for the part of the Duterte government  would just be tokenistic and superficial. Duterte’s practice of human rights promotion is practically naught. Soon enough, he would [again] be verbally lashing at the UNHRC and human rights defenders,” the KMP said. # (Raymund B. Villanueva)

UN official slams rights violations in the Philippines, urges ‘options for int’l accountability’

/in /by

A United Nations (UN) high commissioner urged the international body’s Human Rights Council (HRC) to mandate her office to continue monitoring and reporting on thousands of human rights violations in the Philippines.

In her remarks at the start of the UN HRC’s 44th general session in Geneva, Switzerland Tuesday, June 30, High Commissioner for Human Rights Michelle Bachelet said violations are “very serious” that requires the Council’s consideration of “options for international accountability measures.”

“I urge the Council to remain active and vigilant on the situation in the Philippines, by mandating my Office to continue monitoring and reporting, as well as through support for technical cooperation to implement the report’s recommendations,” Bachelet said.

Bachelet was introducing her 26-page report mandated by the Council’s Resolution 41/2 of July 2019 on the human rights situation in the Philippines.

The high commissioner said Philippine laws and policies to counter national security threats and illegal drugs have been crafted and implemented in ways that severely impact human rights.

“They have resulted in thousands of killings, arbitrary detentions and the vilification of those who challenge these severe human rights violations,” Bachelet said.

She added that their investigations found more than 248 human rights defenders, lawyers, journalists and trade unionists were killed between 2015 and 2019.

“This includes a large number of environmental and indigenous peoples’ rights defenders. Human rights defenders are routinely smeared as terrorists, enemies of the State and even viruses akin to COVID-19,” she said.

‘Worrisome anti-terror bill’

Although not a part of her report, Bachelet also mentioned concerns related to the anti-terrorism measure slated to become law this month.

“The recent passage of the new Anti-Terrorism Act heightens our concerns about the blurring of important distinctions between criticism, criminality and terrorism,” Bachelet said.

The high commissioner said the measure, once it becomes law and implement, could also have a further chilling effect on human rights and humanitarian work, hindering support to vulnerable and marginalized communities.

“So I would urge the President to refrain from signing the law and to initiate a broad-based consultation process to draft legislation that can effectively prevent and counter violent extremism – but which contains some safeguards to prevent its misuse against people engaged in peaceful criticism and advocacy. My Office is ready to assist in such a review,” she said.

‘Failed anti-drug war’

Bachelet’s report said it found serious human rights violations, including extrajudicial killings, resulting from key official policies driving the so-called “war on drugs.”

It said such policies incite violence from the highest levels of the Duterte government.

“The campaign against illegal drugs is being carried out without due regard for the rule of law, due process and the human rights of people who may be using or selling drugs. The report finds that the killings have been widespread and systematic – and they are ongoing,” Bachelet said.

The high commissioner said they found near-total impunity, indicating unwillingness by the State to hold to account perpetrators of extrajudicial killings.

“Families of the victims, understandably, feel powerless, with the odds firmly stacked against justice,” she said.

Moreover, by senior government officials’ own admission, the draconian campaign has been ineffective in reducing the supply of illicit drugs, Bachelet added.

The Ecumenical Voice for Human Rights and Peace in the Philippines (EcuVoice), an alliance that submitted a total of 16 reports in support of Resolution 42/1 expressed appreciation for Bachelet’s report.

“We subscribe to her findings and wholeheartedly support the recommendations, EcuVoice said. # (Raymund B. Villanueva)

[NEXT IN THIS SERIES: Government’s reply and civil society’s reactions]

(PREVIOUS: UN submits PH rights record on Duterte’s 4th anniversary as president)