There are doubts that the country’s entire judicial system can give legal relief let alone a fair trial for a rebel, political dissenter or activist. Marcos-vintage PDs including recent SC rulings uphold warrantless arrests and criminalize political offenses. It would be a naivete to expect judges to know the rudiments and nuances of international law and other human rights instruments – which are supposed to be part of the law of the country – as to enable them to rule on alleged political offenses based on such instruments.

Except for partisan political purposes, the Congress – through its Commission on Appointments (CA) – does not seriously scrutinize cabinet appointees including generals deemed unfit for their positions in accordance with its check-and-balance constitutional role. One proof is the case of Jovito Palparan, tagged as the “butcher” of activists, whose successive promotions including the rank of major general passed the CA. Likewise, Congress should be cited for earmarking fat budgets to the Armed Forces of the Philippines (AFP) despite its poor human rights record. Thus Congress has reneged on its responsibility to ensure that executive policies and other fiats are consistent with the people’s democratic interest and that their right to dissent is adequately protected.

Further injustice

This is a country where seeking justice leads to further injustice, where the culture of impunity is aggravated by a culture of fear and defenselessness, where a corrupt and lawless government in all its brazenness invokes the “rule of law” to justify assaults on democratic rights and civil liberties.

Given the current circumstances, the quest for justice has been raised to the international forum that remains open to the families of victims of political murders in the Philippines. There is no mistaking about the criticalness of this effort given the logistics and other resources that should be mustered in bringing the case before the international community.

Before the United Nations Human Rights Council (UNHRC) last September, people’s organizations filed on behalf of the victims of political persecution complaints of human rights violations against Mrs. Arroyo. In dealing with the complaints, the Council through its appropriate committees is expected to investigate the alleged crimes and determine whether the Philippine government has failed to comply with its obligations to international laws, conventions and other instruments. Non-compliance with international law particularly the convention of human, civil and political rights and other instruments can lead to the forfeiture of the Arroyo government’s seat in the 47-member UNHRC.

On the other hand, the PPT is composed of eminent persons and jurors from all over the world. Although it is not a judicial body with a power to punish, the prestigious PPT is a forum where a conviction can help mobilize a strong international condemnation and even pressure against those found guilty. This act can serve as a signal to world institutions that the quest for justice by victims of human rights violations in the Philippines is the responsibility of the international community as well. This can serve further as political ammunition in the continuing struggle in the Philippines for the removal of a discredited and repressive administration. In the end, all these can only imply that the struggle for human rights can serve the goals of political reform, such as changing a government, however short-term this may be. Center for People Empowerment in Governance/ Posted by (Bulatlat.com)

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