he bigger headache
of the Philippine government is when Philip Alston submits his report to the UN
Commission on Human Rights Council (UN-HRC) and what the council do about it. If
the UN-HRC considers the report as the truth, the Philippines will be in a very
embarrassing position indeed. The Philippines will be criticized by the other
countries and human rights advocates worldwide. Even the President’s image will
suffer a lot of damage.
***
President Arroyo vowed that the extra-judicial killings will
be resolved and the AFP shall continue to be a vanguard of freedom. "Our
seriousness in tackling the issue of the unexplained killings is clear in having
welcomed the UN rapporteur of Human Rights to the Philippines, enabling him to
do his work unimpeded and to render his report in full glare of the media."
***
With that statement the President proved that Justice
Secretary Raul Gonzales has a lot to learn in the art of diplomacy. Gonzales
commented on Philip Alston thus: "What I am complaining (about) is the headline
of our newspapers. Why do they say that Alston is the UN? Headline nyo yan.
Alston is not the UN nor a bishop the CBCP. Why would you attribute the UN here?
We are magnifying something coming from somebody who is nothing. He is just a
rapporteur sent here but he is not the UN. His report may not even reach the UN
General Assembly. He’s just a muchacho there. He is just a small fry."
***
In this column last Saturday I said I don’t understand why the Melo
Commission report was kept under wraps by Malacañang for about a month. Now, I
understand why. The report linked retired Maj. Gen. Jovito Palparan whose
performance in going after leftists and activists was lauded by no less than
President Arroyo in her State of the Nation Address last year.
***
For many months now Palparan, branded as a "butcher", had
been considered as endorsing the extra-judicial killings. But no investigation
of the charges against Palparan was initiated by the government or the military.
Instead, he was allowed to retire last year. So the clamor for the release of
the Melo Commission report became louder and stronger.
***
It would have been much better if Malacañang had instructed
the AFP to investigate allegations that Palparan was responsible for many of the
killings. Upon receiving the Melo report, the President should have forwarded it
either to the Department of Justice or Office of the Ombudsman for further study
so that the perpetrators of the extra-judicial killings could be brought to
court.
***
After all, the members of the Melo Commission are all
honorable persons headed by retired Supreme Court Justice Jose Melo with members
Bishop of Butuan Juan de Dios Pueblos, UP Regent Nelia Gonzales, Chief
Prosecutor Jovencito Zuño and NBI Chief Nestor Mantaring. All the members of the
Commission signed the Melo report. This means they were unanimous on the
findings.
***
The military said that most of the deaths were caused by the
NPA. But this was unacceptable to the members of the Melo Commission. Among the
recommendations of the Melo Commission is the passage of the new law to maintain
strict chain of command responsibility with respect to extra-judicial killings;
the proper orientation and the security forces to make them conscious of the
prevailing doctrines of command responsibility and their ramifications;
establishment of independent civilian body that will have controlled of its
budget to investigate the killings; creation of special team with competent
official prosecutors to handle the trial of extra-judicial killings cases; And
the strengthening of the PNP and NBI and the Witness Protection Program.
***
Some government officials assailed Philip Alston for his
findings. These officials should be reminded that the Philippine government
invited the UN and the European Union (EU) to look into the extra-judicial
killings. Why should the officials get angry with the findings of a foreign
investigator? If this is the kind of treatment the officials give to foreign
investigators, then nobody will lift even a finger to help us.
***
Former President Fidel V. Ramos bewailed the lack of interest of many
Filipinos in commemorating the 1986 EDSA I and the spirit of Edsa itself. He
also cited the absence of diplomats, elective officials, and even the youths in
the annual celebration of the world famous People Power Revolution. FVR said:
"Many of our young people and even elected leaders today seem indifferent to the
spirit of EDSA that become known as Edsa I Revolution… To most, the prevailing
spirit of Edsa that I myself discern is not anymore the spirit triumph, neither
a triumph of the spirit, but the spirit of uncaring and non-involvement."
***
It is a good idea for government to give importance to
alienating the causes of terrorism. Grievances that result from injustice,
corruption, ignorance and poverty provide the basis for recruitment and the
terrorists’ justification of violence. We should therefore learn from
international efforts to mitigate the sources of grievances, such as in pursuing
the peace process. While issues surrounding terrorism are complex, often highly
emotional, the efforts that promote democratic rights and freedoms should be the
cornerstone of any state in fighting terror.
***
It was alleged that the anti-terrorism law or "Human Security Act of 2007"
may have defined terrorism too broadly by making punishable by 40 years
imprisonment without parole crimes already defined in the Revised Penal Code
such as illegal possession of firearms, rebellion, kidnapping, etc. It is said
that even the United States’ defines terrorism too broadly as "the unlawful use
of threat of violence against persons or property to further political or social
objectives." In the US definition, George Washington, Robert Lee, and those who
attempted the assassination of Adolf Hitler should be branded as terrorists. In
the Philippine setting, Andres Bonifacio and Emilio Aguinaldo would be
terrorists.