By DOMINIC GUTOMAN
Bulatlat.com
MANILA – A human rights group dubbed the recent executive policies of the Marcos administration on human rights and International Humanitarian Law (IHL) as “hypocritical and desperate attempts to cover up its sordid human rights record.”
Malacañang signed Executive Order (EO) No. 77 establishing an inter-agency committee (IAC) on IHL, which will be co-chaired by the Department of National Defense (DND) and Department of Foreign Affairs (DFA). Meanwhile, last year, EO No. 23 was signed creating an IAC for the “freedom of association of workers”. Ferdinand Marcos Jr.’s administration also sought to adopt the National Human Rights Action Plan (NHRAP), saying that it is a “significant commitment to uphold human rights standards”, in time for the upcoming International Human RIghts Day on December 10.
“These executive orders and the NHRAP are desperate attempts by the Marcos regime to cover up its sordid human rights record. These are hypocritical actions while it continues to implement policies that infringe on Filipinos’ basic rights and freedoms and wantonly violate IHL,” said Karapatan Secretary General Cristina Palabay.
The group is referring to the continuing policies on drug war and the counterinsurgency as sources of human rights violations. More than 800 drug-related killings have been recorded during the current administration of Ferdinand Marcos Jr., according to the data of the University of the Philippines (UP) Third World Studies – Dahas project.
Meanwhile, under the current administration’s counterinsurgency program, Karapatan has recorded 119 extrajudicial killings, 76 frustrated extrajudicial killings and 14 enforced disappearances, 43,582 victims of forced evacuation, 63,380 victims of indiscriminate firing and 46,921 victims of bombing.
It is specifically mentioned in the Article 51(4) of Additional Protocol I of the Geneva Conventions that indiscriminate firing and bombings, and forced evacuation are strictly prohibited in order to avoid civilian casualties.
“Indiscriminate attacks are those: (a) which are not directed at a specific military objective; (b) which employ a method or means of combat which cannot be directed at a specific military objective; or (c) which employ a method or means of combat the effects of which cannot be limited as required by international humanitarian law; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction,” the IHL rule says.
“Marcos Jr. continues the bloody legacy of former President Rodrigo Duterte in his continuing implementation of Oplan Double Barrel and other policies in his sham drug war. He also maintains the operations of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) through continuing implementation of (Duterte’s) Executive Order No. 70. His ‘whole of nation approach’ has resulted in numerous violations of international humanitarian law, including killings of civilians and militarization of communities,” Palabay said.
United Nations (UN) Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Irene Khan also expressed similar concerns on human rights violations against human rights defenders, journalists, and activists under the current administration. In her communication with the Philippine government dated Sept 27, 2024 and made public last week, Khan mentioned how the NTF-ELCAC facilitated red-tagging and forced surrenderers, which blur the lines between civilians and armed combatants under the context of IHL.
“I also note with great concern the widespread ‘red-tagging’, criminalization and vilification to which several news media organisations, civil society organisations and their members are subjected to and the instances of intimidation, harassment, judicial prosecution, privation of liberty and violent attacks that often follow this targeting,” Khan said in a published official communication addressed to Marcos Jr.
If the allegations were confirmed to be accurate, Khan said that it could further amount to violations of the Philippine government’s international obligations under the International Covenant on Civil and Political Rights (ICCPR) under articles 6, 9, 14, 17, and 22. The Philippines ratified the convention on October 23, 1986.
Khan said that the “rule of law and due process standards are abused or not respected in a significant number of instances, including through excessively prolonged pre-trial detention, undue delays in the administration of justice, alleged planting of evidence, or baseless allegations brought forward in an attempt to silence critics or hinder the legitimate work of activists or journalists, among others.”
For Karapatan, these human rights violations must be addressed first and not to be glossed over through issuance of such executive policies. “This is sheer hypocrisy. He must be made accountable for his crimes.” (RTS, RVO)
