New and Analysis - Philippines – UN Special Rapporteur Wraps up Inquiry into Extrajudicial Killings, 25 Feb 2007

On 21 February, UN Special Rapporteur Dr. Phillip Alston, an Australian national who is a Professor of International Law at New York University, concluded a 10-day trip to the Philippines to investigate the issue of extrajudicial killings (EJK). EJK in the Philippines are traditionally associated with its past, specifically the Marcos era; however, they have been an ever present feature of the political landscape during President Macapagal-Arroyo’s administration as well. The Manila Times reported that according to the local human rights group Karapatan, there have been over 725 activists killed or reported missing since 2001. The problem has been addressed by the government in the form of establishing Task Force (TF) Usig and the Melo Commission, as well as in recurring statements by the President. TF Usig, commanded by Philippine National Police (PNP) Deputy Director General Avelino Razon Jr., was created by the Department of Interior to investigate EJK and arrest those responsible. The Melo Commission, named after and headed by former Supreme Court Associate Justice Jose Melo was created by the President under Administrative Order No. 157, thus setting up an independent commission to probe the killings of media workers and activists. The Melo Commission has completed its report but it has yet to be released to the public. In his Press Statement before leaving the Philippines, UN Rapporteur Alston related that “the focus on TF Usig and Melo is insufficient. The enduring and much larger challenge is to restore the various accountability mechanisms that the Philippines Constitution and Congress have put in place over the years, too many of which have been systematically drained of their force in recent years.”

Additionally, one of the key points made by Alston in his Press Statement was directed at the Armed Forces of the Philippines (AFP). He stated that, “The AFP remains in a state of almost total denial…of its need to respond effectively and authentically to the significant number of killings which have been convincingly attributed to them. The President needs to persuade the military that its reputation and effectiveness will be considerably enhanced, rather than undermined, by acknowledging the facts and taking genuine steps to investigate.” (Comment – Although the complete reports of the Melo Commission, and of Alston’s fact finding trip have yet to be released, there seems little doubt that the Philippines’ security forces are going to be identified as responsible for a large number of the EJK during the past five years. This puts President Macapagal-Arroyo and her administration in a tough position, as the military has been charged with prosecuting the war effort against southern separatists and Islamic militants, as well as against the communist New People’s Army (NPA). Both of these conflicts represent classic unconventional warfare models where enemy combatants are not uniformed, nor readily identifiable or separable from the general populace. They create the conditions and climate where there is a blurring of lines between combatants and noncombatants. Precise and effective rules of engagement are difficult to establish and hard to maintain and are continually questioned by those on the ground. For instance, if propagandists are directly supporting the aims and goals of the NPA, are they a legitimate target for security forces to go after? What separates them from leftist journalists who are critical of the military and government and whose work undermines government/military strategic objectives? Where is the line drawn? These questions have haunted successive Philippine administrations and muddied the waters in the country over the past 40 years, and the fact that there remains a substantial number of EJK shows how difficult it has been to come to grips with the issue. Also, a brake that has restricted governmental pressure on security forces to rein in those responsible for EJK is the role the military directly played in bringing Gloria Macapagal-Arroyo into power when they withdrew their support for President Estrada in 2001 effectively deposing him, and thus, allowing then Vice President Macapagal-Arroyo to assume the presidency. Corruption and illegal business practices also play a role, as security forces have been associated with these over the years and have resorted to violence and intimidation to silence critics. With domestic and international pressure building in the wake of the shear number of EJK in recent years, President Macapagal-Arroyo has taken positive action, establishing TF Usig, creating the Melo Commission, and hosting Dr. Alston’s visit and investigation. She will, however, continue to face an uphill battle against the ingrained cultures within the police and military, that not only originally placed her in the presidency, but which also retain the power to move against her if pushed too hard – a difficult path for any leader to follow, and how President Macapagal-Arroyo handles it will be a key determining factor in her future political destiny.) [slr]

For a full copy of the Dr. Alston's Press Statement see: http://asiasecurity.org/file_download/24