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PHILIPPINES: Universal Periodic Review urges investigations

date: June 10, 2008
document id: ALRC-COS-08-013-2008
HRC section: Item 6 – Universal Periodic Review of the Philippines

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An Oral Statement to the 8th Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status

PHILIPPINES: Universal Periodic Review urges investigations

Thank you Mr. President,

We welcome the importance in the report of the Working Group given to the need for the government of the Philippines to provide evidence of concrete results concerning it promises to address extra-judicial killings and forced disappearances.

In particular, we note that while various measures taken by the government - such as the setting up of a string of committees, commissions and offices - have been acknowledged, the report also highlights the need for the government to go further and provide evidence that these are actually functioning to effectively address abuses. The interest shown by some in the report concerning the human rights office within the armed forces, as with other such efforts, is misguided. Its chief admitted late last year to the ALRC that he and his staff have never gone to the field to investigate allegations of killings, but that they rely on reports from the very same field officers against whose men the allegations have been made. This is evidently flawed.

All such efforts by the government, lauded by some in the report, thus far may look good on paper, but they are failing to achieve concrete results in challenging impunity on a case by case basis in reality, as shown by the lack of resolved cases of killings. We therefore welcome the fact that the report of the Working Group also clearly underlines that there is a need for evidence concerning successful resolution of cases. We have seen no evidence of this to date, but hope that the government will heed these outcomes, including calls for the government to provide information on its implementation of the recommendations made by the Melo Commission and the Special Rapporteur on extra-judicial killings.

We appreciate the recommendation for the reform of the judiciary and the armed forces. Independent investigations and fair trials that must include forensic, physical evidence, in addition to testimony from witnesses afforded effective protection, are the only way to keep up real momentum in addressing these killings and other abuses.

We also welcome the fact that the outcomes include repeated requests for the need for ratification of the Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention Against Torture. Such ratifications are only a starting point, and need to lead to verifiable implementation and regular government reporting, as requested by the outcomes.

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About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.

Posted on 2008-06-10



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