UN rapporteur’s visit not canceled but ‘conditions’ remain, DFA chief says

FOREIGN AFFAIRS Secretary Perfecto R. Yasay, Jr. on Thursday, Dec. 15, said the fact-finding visit of United Nations (UN) Special Rapporteur on Extrajudicial Executions Agnes Callamard has not been canceled.

Mr. Yasay was earlier quoted in a Reuters report titled “Philippines cancels visit by U. N. rapporteur on extrajudicial killings” as saying that Ms. Callamard and her team “cannot come” here “if they will not comply with the conditions of our President regarding their visit to the Philippines to validate their claims.”

“We have not canceled it. It is up to Callamard to agree and comply with the conditions imposed by President Duterte in inviting her to visit the Philippines,” the Foreign Affairs chief said yesterday in a statement sent to reporters.

“Yasay said the United Nations could not pursue its investigation because special rapporteur Agnes Callamard had declined to accept the conditions set by the government of President Rodrigo Duterte,” the Reuters story read.

In her briefing note, Ms. Callamard said her inquiry scheduled next year must be “governed” by the UN’s “terms of reference” despite Mr. Duterte’s condition to challenge the rapporteur to a public debate.

“The visits of the Special Rapporteur, as those of all United Nations Human Rights Special Procedures, are governed by the Terms of Reference for Fact-Finding Missions by Special Rapporteurs, which governments are requested to fully accept for any visit to take place,” the briefing note read, adding:

“It is crucial for the effective implementation of the country visit that these Terms of References are fully accepted by Governments. These are essential guarantees which ensure that the mission delivers on its outcomes, to the benefit of all those involved.”

To recall, Executive Secretary Salvador C. Medialdea on Sept. 26 sent a letter to Ms. Callamard, upon Mr. Duterte’s instruction, to ask the UN rapporteur to look into drug- related killings in the Philippines and “the circumstances surrounding the killing of our policemen during legitimate operations.”

In a Senate budget hearing last month, Senator Paolo Benigno A. Aquino IV said Ms. Callamard had responded to the invitation and disclosed her conditions:

• Freedom of movement in the

whole country including the facilitation of transport in restricted areas;

• Freedom on inquiry with regard to

access to all prisons, detention centers and places of interrogations;

• Contacts with central and local

authorities; • Contacts with representatives of

non-governmental organization and media;

• Confidential and unsupervised

contact with witnesses and other private persons including persons deprived of their liberty considered necessary to fulfill the rapporteur’s mandate;

• Full access to all documentary

records relevant to the mandate;

• Assurance by the government

that persons, whether officials or private individuals who have been in contact with the rapporteur, will not as a result suffer threats, harassment or punishment or be subjected to judicial proceedings;

• Appropriate security arrangements

without, however, restricting freedom of movement and inquiry.

On Nov. 23, Malacañang said an inter-agency body is already deliberating the conditions set by Ms. Callamard.