UN rights body passes resolution to help PH promote human rights

The measure falls short of launching an independent international investigation into killings and rights violations

MANILA – The United Nations Human Rights Council on Wednesday adopted a resolution that would provide technical cooperation and capacity building for the promotion and protection of human rights in the Philippines, which human rights groups say has failed to launch an international investigation. independent on the situation of human rights. in the country.

Resolution L.38 was approved by consensus shortly before 7 pm Manila time and was not put to a vote.

The resolution, co-sponsored by Iceland, Hungary, India, Nepal, the Philippines, Norway, Thailand and Turkey, requested the Office of the High Commissioner for Human Rights to provide technical assistance and capacity-building for “national investigative and accountability, data collection on alleged police violations, civic space and engagement with civil society and the Commission on Human Rights, national reporting and follow-up mechanism, anti-terrorism legislation and rights-based approaches to drug control humans “.

OHCHR released a damning report in June this year criticizing the Philippine government for widespread human rights violations and persistent impunity due to a heavy-handed approach to countering threats to national security and illegal drugs.

The report recommended empowering an independent body to carry out prompt and impartial investigations into killings and human rights violations, enhance cooperation between law enforcement agencies and the Philippine Human Rights Commission, and invite UN representatives to monitor and report on specific human rights concerns. .

The Philippine government responded by launching a joint initiative between the Department of Justice and the CHR on data sharing to strengthen the capacity to investigate and prosecute cases of human rights violations, a development signaled by the UN HRC resolution.

The resolution recognized cooperation between the Philippine government and the United Nations country team, and noted the government’s efforts to expand positive engagement with the UN through a multi-year joint program on human rights, which includes increasing the role in the Philippines of OHCHR.

Rights groups that had been pushing for an impartial and independent international investigation lamented that the resolution falls short of providing meaningful action.

“We are deeply disappointed by the collective failure of states in the Human Rights Council to launch an international investigation into the murders and other serious violations committed in the context of the so-called war on drugs in the Philippines, this despite the repeated calls by UN Experts and civil society, and despite widespread killings and other horrific violations in the country documented by the UN and others, ”said Laila Matar, UN Deputy Director for Human Rights Watch.

EcuVoice, a coalition of human rights groups, expressed reservations whether the approach taken by the Council will address killings and rapes.

“We believe that technical cooperation and capacity building programs will NOT decisively stop the worsening of the human rights situation in the country. Victims and their families, human rights activists and defenders, and communities affected by these violations believe that the prosecution and punishment of perpetrators of human rights violations, especially those committed by the highest government officials, and a review, amendment, changes and / or repeal of policies instituted in law and in practice by the Philippine government are among the crucial indicators to address the strong and persistent demands for justice and accountability, ”he said in a statement.

Amnesty International called the resolution a “missed opportunity” to seek justice.

“The Human Rights Council failed to promote justice for bereaved families in the Philippines who had placed their hopes on the international community,” said Rachel Chhoa-Howard, Philippines researcher at Amnesty International.

“This weak resolution also disappoints the courageous human rights defenders, journalists and others who have committed to the UN in good faith and carry out their work at great personal risk,” he added.

The National Council of Churches of the Philippines (NCCP), which has lobbied the HRC and its member states “because domestic remedies have failed,” said the resolution “does not respond to our fervent call for an independent international investigation.”

“This means that the new Special Rapporteur on the rights of indigenous peoples, José Francisco ‘Pancho’ Cali Tzay, will not necessarily be allowed to see firsthand the plight of the Lumad in Haran, a sanctuary declared by the Church of the United States Church of Christ in the Philippines As such, your much-needed help correcting false accusations made by Sec. Carlito Galvez that Haran, a church ministry, is allegedly being used by communist rebels to solicit the support of international donors can still be hampered by the Duterte administration, “the NCCP said.

Amnesty International noted the continued incitement to the assassinations of President Rodrigo Duterte, the promotion to national police chief of Lieutenant General Camilo Cascolan, the alleged architect of the deadly anti-drug campaign, and the adoption of a dangerous anti-terrorism law.

The group also mentioned Maria Ressa’s conviction for ‘cyber libel’, the shutdown of ABS-CBN, the new spike in police killings and the brutal killings of human rights activists, politicians and a journalist in recent months.

“With this administration’s record of blatant disregard for basic human rights and civil liberties, with the tireless efforts of its officials to vilify human rights defenders, and the active campaign to silence critics amid the resolution 41/2 of the UN HRC and Ms. Bachelet’s report, we have serious reservations that the alleged technical assistance and capacity building programs will stop human rights violations. We even fear that the government may abuse these programs and use them as smoke screens to hide its apathy and contempt for the victims or to retaliate against activists and human rights defenders who participate in the process, “said EcuVoice.

Meanwhile, the Philippines-based rights group Karapatan challenged the Philippine government to allow UN human rights mechanisms access to the country to see if the national accountability mechanisms are really working, saying there is nothing to fear if there is nothing to hide.

“These so-called domestic mechanisms have been routinely put forward to portray a strong democracy, but time and again, they have been found to have utterly failed to deliver justice and accountability to victims of human rights violations. No senior official has been held responsible for directly ordering, inciting, encouraging or tolerating these violations through policies and pronouncements, ”said Karapatan General Secretary Cristina Palabay.

“There is also a terrible lack of evidence on whether these mechanisms have been effective in addressing these cases. This has led to increased international scrutiny of the Philippine government’s refusal to substantively and truthfully address these violations. If independent human rights mechanisms are not given access to get a sense of the rapidly deteriorating human rights situation on the ground, it will only show that the Duterte administration is simply acting to evade accountability, ”he said.

Despite the shortcomings of the resolution in the eyes of rights defenders, they viewed it as a significant indication of the international community’s concern about the human rights situation in the Philippines.

Edre Olalia, co-director of the Ecuvoice delegation to UNHRC in Geneva, said that while “the adoption by consensus of a problematic resolution is a ‘misleading solution’ to the cries for justice”, the Philippine government “gave in” to international criticism generalized.

“[I] It is quite clear that Duterte and the state forces behind the brutal campaign are not without responsibility and will face continuous scrutiny. The resolution adopted means the Duterte administration cannot escape scrutiny for its egregious violations. In any case, with the Philippines on the agenda for the next two years, the HRC retains the means to take stronger action, depending on whether the government keeps its word to respect human rights, ”said Matar of Human Rights Watch.

For Chhoa-Howard of Amnesty International, “[t]The decision to keep the Philippines on the Council’s agenda sends a clear message to the Duterte administration that the international community is still watching. “

The Duterte government has repeatedly said that it stands up for human rights despite concerns raised by various groups both at home and abroad over alleged abuses.

“We maintain that the Philippines has continuously met its obligations to punish human rights violations. We have legislation and mechanisms against torture and enforced disappearances, laws to enforce international humanitarian law, and criminal laws that have been developed to protect and promote human rights as enshrined in our Constitution, “said Harry Roque, a Duterte spokesman, in June.

“We have a functioning and independent judiciary that deals with human rights violators, regardless of who they are. As we said in our response to the Office of the High Commissioner report, issued in early June, our courts are prepared to receive and receive rule on complaints, “he added.