ANALYSIS: Human Rights and the Elections

BY BENJIE OLIVEROS
Bulatlat
Vol. VII, No. 13 May 6- 12, 2007

What has human rights got to do with the May 2007 elections? Everything!

A government that allows extrajudicial killings and forced disappearances of activists does not do so in defense of democracy or freedom but of authoritarianism.

A government that curtails civil liberties through the passage and implementation of repressive laws and decrees like the Human Security Act of 2007 does not do so to fight terrorists but to terrorize the people.

A government that turns a blind eye on the killings of journalists critical of local powers and syndicates does not value press freedom but suppresses it.

A government that bends laws to go after its critics does not promote justice, only injustice.

A government that allows foreign powers and troops to violate our sovereignty and territorial integrity, as well as mock our justice system, does not have the country’s best interest in mind, only its foreign masters’.

A government that allows impunity in the commission of human rights violations does not uphold people’s rights, it ignores it.

A government that represses political rights and civil liberties in the name of “peace, order, and stability” is not working for the people’s interests but only for its officials’ selfish ends.

A repressive and dictatorial government is a corrupt government. Look at what happened to the country during Martial Law.

In choosing who to vote, it would be good to study the candidates’ position on the issue of human rights violations. Incidentally, human rights group Karapatan (Advancement of People’s Rights) came out with a 12-point agenda which we can use in challenging candidates to make known their stand.

1. Pull out government troops in militarized areas in urban and rural communities, cease military deployments and put a stop to the counter-insurgency plan dubbed “Oplan Bantay Laya II” which has caused untold sufferings on the Filipino people and resulted in numerous cases of extrajudicial killings, enforced disappearance, torture and other forms of human rights violations.
2. Rehabilitate war-torn areas by providing efficient and responsive socio-economic services. Realign the national budget to allocate more funds to these programs, especially for reparations to victims of war.
3. Pass a just compensation law to indemnify the 9,539 martial law victims. As an initial step, the government can give compensatory damages to the 9,539 martial law victims who won the class suit against the Marcos family. They should be provided adequate compensation, restitution and rehabilitation.
4. Surface the disappeared and make an accounting of all those in military and police custody and all those they have executed. Impose a heavy penalty on the commission of such abhorrent crimes against humanity.
5. Release all ­248 political prisoners now languishing in detention. The government must respect the rights of citizens to their political beliefs and to exercise their right to freedom of expression and peaceful assembly. The criminalization of political offenses must also stop.
6. Resume the peace negotiations with the National Democratic Front of the Philippines (NDFP) and continue peace talks with the Moro International Liberation Front (MILF), adopting a framework for negotiations that genuinely addresses the roots of the armed conflict. Respect all the agreements previously signed with these groups. Revisit the peace agreement signed with the (Moro National Liberation Front (MNLF) and make amendments where needed. There is a need to seriously and sincerely implement any agreement reached.
7. Stop the impunity in the commission of human rights and humanitarian law violations. Prosecute elements of the Armed Forces of the Philippines and the Philippine National Police, as well as their agents, who are involved in cases of human rights violations. Victims must be assisted in identifying their perpetrators by allowing investigators access to information that will help identify such criminals. Witnesses to cases of human rights violations must be adequately protected and assisted by establishing a genuine and independent protection program. Those proven guilty must be dismissed from the service and meted due punishment.
8. Reform the judicial system and ensure that victims of human rights violations and their families would not be hindered by expensive filing fees, slow and incompetent court personnel and bureaucratic red tape, among others, in their pursuit of justice.
9. Repeal the Human Security Act of 2007, the National ID System and other repressive laws, decrees, executive issuances. Among these are Executive Order (EO) No. 272 and EO 264 (legalizing the Citizens Armed Forces Geographical Units or CAFGUs); EO 129 (authorizing the demolition of urban poor communities); EO 264, EO 464, AO 108, EO 546 (authorizing military officials to conduct census); General Order (GO) No. 66 and GO 67 (authorizing checkpoints and warrant less searches); Presidential Decree No. 1866 as amended (allowing the filing of charges of the illegal possession of firearms with respect to political offenses); Memorandum Circular No. 139 (allowing the imposition of food blockades); Batas Pambansa 880 and other Marcosian laws that curtail the people’s democratic rights. Instead, it is necessary to pass laws consistent with international human rights and humanitarian laws and conventions like the ones against torture and enforced disappearances.
10. Stop further violations of the Filipino people’s rights brought about by the Philippine government’s support to the US war on terror by revoking the RP-US Visiting Forces Agreement (VFA) of 1999, the Mutual Logistics and Support Agreement (MLSA) of 2004 and the Mutual Defense Treaty of 1952. The government should order the pull-out of all US military advisers and troops in the country. It should also take immediate steps to draw up an independent foreign policy.
11. Institute socio-economic reforms to improve the people’s living conditions. Increase wages, generate employment, regulate the oil industry, implement genuine land reform, provide assistance to fisherfolk and provide decent and affordable housing to the poor. Reduce debt payments and re-channel such funds to education, health and other social services.
12. Carry out campaigns on human rights education, beginning with the inclusion of human rights teaching in school curriculum. Popularize the Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIHL) and other human rights instruments by printing and disseminating them to villages and schools.

The national and local elections may not result in totally changing the structure of government, but we will definitely be sending a clear message with regard to human rights violations if the latter were to become a major election issue. (Bulatlat.com)

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