The findings of United Nations special rapporteur on extrajudicial killings Philip Alston that the military was behind a “significant number” of human rights violations in the country proves a welcome vindication for widespread public opinion about who was really responsible for the spate of political killings under the Arroyo government. The findings of United Nations special rapporteur on extrajudicial killings Philip Alston that the military was behind a “significant number” of human rights violations in the country proves a welcome vindication for widespread public opinion about who was really responsible for the spate of political killings under the Arroyo government.

The recent IBON nationwide survey reported that a majority of respondents (56%) believed that the military was behind the killings. Human rights groups such as Karapatan have also cited trademarks of the killings that lead to the conclusion that these were conducted by government “death squads”. These include ski mask-wearing assassins on motorbikes and the precision and impunity with which the attacks were conducted.

It is similarly welcome that Alston called for the release of the report of the Melo Commission, convened by the government to investigate the so-called extrajudicial killings.  It is an indicator of how sensitive the Arroyo government is to foreign opinion compared to those of the Philippine people that she heeded this call, although civil society and progressive groups had long been calling, albeit fruitlessly, for its release.

Interestingly enough, the Melo commission’s report similarly pin-pointed military involvement in the killings, albeit attributing these only to a “small military group” emboldened by the anti-communist statements of retired Major General Jovito Palparan and Armed Forces of the Philippines (AFP) chief Hermogenes Esperon.

But what is notable in Professor Alston’s report is his investigation’s focus on extra-judicial killings while he deems killings by the military and police forces and by the New People’s Army and other insurgent groups in the course of counter-insurgency outside his mandate “to the extent that such killings take place in conformity with the rules of international humanitarian law”.

The distinction made by Alston is important because it raises the issue of culpability. The question of responsibility for the killings is something that should be seriously considered. It should be clear that the executive has responsibility for the killings, which directly emanate from the National Security Council (NSC) and, in particular, Gen. Palparan and National Security Adviser Norberto Gonzales. They have provided the political justification for the killings. They have also provided a tacit command to units in the field to target activists while actively disseminating propaganda to deflect from public opinion the role of the military in these killings.

While it is important to call for the military to stop its denials and propaganda, it is vital to note that the issue goes far beyond the military. The issue should be understood in the context of the NSC and the commander-in-chief of the Armed Forces of the Philippines, Gloria Macapagal-Arroyo. The findings of both Alston and the Melo commission are there, but what to do about them?

Given that the military continues to deny its involvement, and in fact have gone on the defensive in the wake of the release of Alston’s findings, the challenge of what to do now lies with Pres. Arroyo herself.  

Is it sufficient to remove Palparan and Gonzales as a government response to the killings? But what about accusations that Arroyo is tacitly and covertly responsible?
In March, an indictment against Arroyo is set to be heard before the Permanent People’s Tribunal (PPT): Second Session on the Philippines. The PPT is an international opinion tribunal that examines and judges complaints regarding violations of human rights. Various groups have filed a complaint against the Arroyo government last year for violations of civil and political rights particularly summary executions, disappearances, massacres, torture, and other systematic abuses on the basic democratic rights against Filipinos.

The PPT is only one of the international tribunals where Pres. Arroyo can be tried for her crimes against the Filipino people. Bringing the Arroyo regime’s human rights cases to litigation and demanding its culpability becomes more urgent now that the Alston report and the Melo commission’s findings are out. (IBON Features)

Antonio Tujan Jr. is director of IBON Foundation's International Department.

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