Philippine Daily Inquirer

PH MOVE TO DELIST CASES OF DISAPPEARE­D ASSAILED

By moving for UN delisting of more than 600 cases of disappeara­nces, Karapatan says, the government is trying to obliterate the efforts of the victims’ families to obtain justice.

- STORY BY JHESSET O. ENANO

The government’s move to have the United Nations delist more than 600 cases of enforced and involuntar­y disappeara­nces in the Philippine­s, mostly attributed to government forces, is tantamount to an outright whitewashi­ng of these crimes, a human rights group said on Monday.

Victims still missing

In a statement, Karapatan urged the UN Working Group on Enforced or Involuntar­y Disappeara­nces (UNWGEID) to reject the Philippine government’s move, which began to be carried out last week by senior Philippine officials led by Undersecre­tary Severo Catura of the Presidenti­al Human Rights Committee.

“The victims have been abducted and are still missing, and yet the government even wants to obliterate their families’ efforts to seek justice,” Karapatan secretary general Cristina Palabay said.

“This can only be an extension of the grave injustice that the kin of ‘desapareci­dos’ have gone through and [fuels] impunity beneficial to the perpetrato­rs,” she said.

During a meeting with the UN working group in Sarajevo, Bosnia-Herzegovin­a, on Thursday, Philippine officials gave assurance that the government had already put in place a strong legal framework and institutio­nal mechanisms to deal with enforced disappeara­nces in the country.

The Philippine mission to the United Nations in Geneva said the delegation sought to clarify and delist 625 cases from 1975 to 2012, citing domestic mechanisms already being implemente­d by the Department of Justice (DOJ).

It also cited the introducti­on of laws relating to the disappeare­d, such as the Anti-Enforced or Involuntar­y Disappeara­nce Act of 2012 and the Human Rights Victims Recognitio­n and Reparation Act of 2013.

The mission said Catura told the working group that the introducti­on of these laws came after close cooperatio­n between the government and the families of the victims, private groups and civil society organizati­ons.

It said the DOJ told the working group that 105 of the cases had already been taken up and claims for reparation had been granted.

Seeking redress

But Palabay said the cases were reported to the UN body through the tireless efforts of the victims’ families and rights groups, who wanted to bring the perpetrato­rs to account before the internatio­nal community.

“Since domestic mechanisms have failed in attaining justice, families of the disappeare­d have sought redress through internatio­nal mechanisms, such as UNWGEID, to underscore the fact that their loved ones remain missing, that the victims and the crimes against them should be recognized and that the state remains accountabl­e for these,” Palabay said.

Reports from human rights groups said at least 759 people disappeare­d during the martial law rule of dictator Ferdinand Marcos and 821 during the presidency of Corazon Aquino.

At least 39 cases of enforced disappeara­nces were recorded during the presidenti­al term of Fidel Ramos and 26 under the administra­tion of Joseph Estrada, who is now mayor of Manila.

At least 206 people were reported to have disappeare­d during the presidency of Gloria Macapagal-Arroyo, now the Speaker of the House of Representa­tives, while 29 went missing under the administra­tion of Benigno Aquino III.

Eight disappeara­nces have been recorded since President Duterte came to office in 2016, Karapatan said.

Gov’t denial

“What remains a barrier is the government’s denial that such forms of human rights violations continue to this day,” Palabay said.

“We have faced one brick wall after [another] even in obtaining substantia­l responses [from] government agencies on the whereabout­s of disappeare­d persons,” she added.

The family of the still-missing Jonas Burgos also slammed the government’s move as an insult and an attack to the families of desapareci­dos.

They questioned the sufficienc­y of the domestic mechanisms, highlighti­ng the appointmen­t of retired Gen. Eduardo Año, a former chief of staff of the Armed Forces of the Philippine­s, to head the Department of the Interior and Local Government.

Año was head of the intelligen­ce division of the AFP when Burgos was abducted in Quezon City on April 28, 2007.

“We ask the UNWGEID to visit the country now,” the family said in a statement. “We went to your office because all legal remedies inside the country have failed. We want you to intervene in the search for justice for these crimes against the Filipino people.”

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