The Alston Report :
What is the UN's Next Move?
The AFP kills citizens
it is sworn to protect and, as Alston has warned, it will do so until it
is called to account for its homicidal behavior.
BY
PETER SALES*
Contributed to Bulatlat
A lot of history
seems to have been forgotten as the Philippines lurches toward the May
elections. Only a nation without a memory could be preparing to vote into
office such an appalling assortment of trapos (traditional politicians),
Marcos torturers, coup plotters, and other freebooters. The fact of the
matter is that the political situation has lost its moral direction.
When, Philip Alston, the United Nations
Special Rapporteur on Extrajudicial, Summary or Arbitrary Killings
recently criticized the Arroyo government and the armed forces, did
Justice Secretary Raul Gonzalez resign in disgrace? Of course not;
instead, he launched into an irrelevant and disgraceful attack on Mr.
Alston himself. Filipinos should be almost as horrified about the fact
that their senior law officer has become so intensely politicized as about
the hundreds of brutal murders he is choosing to ignore, misunderstand, or
condone.
|
UN Special Rapporteur on extrajuidicial,
summary or arbitrary executions Phillip Alston during his visit to the
House of Representatives |
Meanwhile, the work of the UN
Rapporteur and his carefully calibrated findings need to be much better
understood. Initially, his mission arose from massive local and overseas
concern about the wave of killings which has swept the Philippines since
Gloria Arroyo assumed office in 2001. Now comes his clear warning about
the highly-corrosive effect of extrajudicial killings and political
repression on the Philippines as a whole.
Government and military involvement was
obvious not only to Alston, but to all but the perpetrators themselves.
Indeed, the high level of political repression which has accompanied the
murders clearly relates to Oplan Bantay Laya 1 and 2, savage
counter-insurgency campaigns underwritten by the United States in its
so-called Global War on Terrorism.
Alston conducted a ten-day tour of the
archipelago. This was not long enough to gain an understanding of the
feudal and faltering political system, but quite adequate for deciding
that the AFP was behind the liquidation of ordinary Philippine citizens.
What he has been looking at, therefore, are specific examples of state
terror.
Significant member
Despite the dismissive comments made
by Secretary Gonzalez, Mr. Alston is a significant member of the UN team
designated to monitor Human Rights abuses throughout the world. An
Australian professor of law at New York University, he is one of the most
highly-regarded international jurists today. He has considerable
experience as a UN investigator. He has worked for UNICEF and also spent
eight years as chair of the UN Committee on Economic, Social and Cultural
Rights. He has recently conducted inquiries in Nigeria, Guatemala, Sri
Lanka, Lebanon and Israel. He made an important HR report to the UN just
before coming to the Philippines. He is very widely respected.
Ironically, Alston works for (and
reports to) the UN Human Rights Council; the Philippines was appointed to
the HRC in a very controversial decision last year! Applying for
membership, the Arroyo regime claimed it would "continue to be a voice for
vulnerable groups and will support human rights-based approaches that
address their concerns". Sadly, the Philippines has never been such a
voice!
Not only did the Philippine government
provide such solemn assurances about domestic observance, but it gave
undertakings to promote human rights internationally, especially within
ASEAN. It is a signatory of all the major conventions. Manila's
permanent representative to the UN, Lauro Baja, Jr. announced at the time:
"Our election is a telling testimonial from member states of the United
Nations and the international community on human rights in the
Philippines". Dismal reading now!
Guarantees were lost in excessive legal
jargon, however, and even proposed anti-terrorism legislation was cited as
a HR measure! Yet the Philippines is a signatory of all major rights
conventions. As the situation in countries like the Philippines has
worsened, UN experts have criticized the tendency to conceal military
excesses behind the smokescreen of fighting crime and terrorism.
Sad comment
In the current case, then, Alston was
required to investigate a member of the HRC which employs him. It is a
sad comment on the present crisis within the United Nations that he was
placed in this position by a controversial decision of the General
Assembly to allow the Philippines to sit on the HRC; clearly the vote
should have been taken more seriously. Will the Philippine delegate now
seek to white-ant the Alston report from within the HRC? The HRC has
taken a battering since it replaced the Commission on Human Rights, some
critics questioning how serious the UN remains about human rights.
The UN has serious problems; it risks
being completely ignored. Throughout the Marcos years and since,
Philippine representatives in Geneva insisted that successive governments
in Manila were honoring their obligations. This was monstrously untrue.
The HRC is not a tribunal – nothing
will come of any UN reports and recommendations without the agreement of
the Arroyo regime. The International Criminal Court has some real
authority. It could reach into the Philippines and arrest abusive
soldiers, but the United States is doing everything possible to limit its
scope and powers as part of a brutal counterinsurgency campaign.
Alston himself has criticized the
self-regulatory nature of participation in HRC work. The UN can only act
when its rapporteur is officially allowed to visit particular trouble
spots. He has asked, "Why should they have to respond to detailed
critical reports while a host of other countries which had either
dismissed or ignore such requests were exempted from scrutiny". He
insists that the HRC must be given a stronger mandate.
Meanwhile, the United Nations is
considering wider use of the truth and reconciliation process whereby
perpetrators of HR violations confess their crimes in return for amnesty.
This prevents the baddies from constantly re-inventing themselves. The
act of remembering and the addressing of unrighted wrongs are essential
for the Philippines. Critics complain about aspects of this technique as
applied in countries like South Africa, but it would be better than
nothing.
Death squads
In comments last year about Guatemala,
Alston criticized the instability provoked by death squads and
extrajudicial killings. He urged the need for institutional reform (where
would anyone start with the AFP?), but also emphasized a more fundamental
matter: "The universal challenge is to end impunity – the fact that those
who kill can get away with it and have no reason not to continue and even
escalate their murderous ways". His findings on the Philippines are
likely to focus on the same problem. He has already damned "the culture
of impunity" in this country.
For now, Professor Alston will present
a preliminary report to the HRC on March 27; his full report will take
considerably longer to complete. The first document will precede the May
vote and is likely to be a bombshell. He almost certainly will draw
attention to the way impunity has compromised the legal system. Perhaps
more importantly, he will be seeking ways to ensure that Manila takes
notice of his criticisms. He will make a number of suggestions about
accountability. He will certainly be analyzing the compliance of the
Philippines with international law, which threatens to be a pre-election
embarrassment.
Professor Alston described the AFP as
resembling an untreated alcoholic. In turn, the military and its
defenders argue that he was brainwashed by the Left, though heaven knows
how. Visitors like Alston can direct an objective gaze on a problem which
few domestic critics are brave enough to confront. With a government
which lacks legitimacy and an army out of control, the Philippines
desperately needs people who can speak truth to power. The mounting
number of dead and wounded, the suppression of ordinary political
activity, and the imposition of the authoritarian Arroyo regime indicate
that help must to some extent come from outside.
Professor Alston made a significant
contribution to identifying a terrible evil, but for the moment the AFP,
rather than registering shame and disgrace, has launched an even greater
campaign of terror. It is clearly determined to interfere with the
forthcoming election in ways which have become institutionalized since the
Marcos period. Intimidation of squatters in Barangay Commonwealth, Quezon
City, and the brutal murder of Anakpawis official Renato [Atong] Pacaide
in Davao del Sur, both incidents only a week after Alston's departure,
reveal the AFP's utter contempt for the United Nations.
It would be shameful if the UN Special
Rapporteur's visit actually worsened the situation. Perhaps further gains
will be made with the release of his reports – perhaps not. For now,
there appears to be no light at the end of the tunnel. The AFP kills
citizens it is sworn to protect and, as Alston has warned, it will do so
until it is called to account for its homicidal behavior. The United
Nations currently appears to lack that ability. GMA surely would not have
invited the UN representative to the Philippines if he was likely to make
a damned bit of difference! Bulatlat
*Peter Sales is presently a Senior
Lecturer in History and Politics at the University of Wollongong,
Australia where he has taught various courses in U.S. history since the
beginnings of time. Most recently, he has also been a Research Associate
of the Unibersidad ng Pilipinas (University of the Philippines) at the
Diliman campus in Metro Manila.
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