Press Statement
16 January, 2012
Davao City
Making or Breaking Impunity
It has been almost a month since retired Maj. General Jovito
Palparan went into hiding after the Malolos Court issued a warrant of
arrest for his alleged involvement in the disappearance in 2006 of two
UP student-activists, Sherlyn Cadapan and Karen Empeno. It undeniably
shows that flight means guilt.
The authorities fail to capture him. This reveals
not only the inability of the present government to protect the human
rights of the people but also how pervasive the climate of impunity in
the country is. It is unbelievable that the authorities remain clueless
of Palparan’s whereabouts. Either they are doing a sloppy job or they
are just too soft in dealing with him.
The authorities,
though, have raised to P1 million the reward to whoever could give
information that would lead to his immediate arrest. But we believe that
this reward is not enough to stir public concern amidst possibilities
that he is being coddled by his brothers-in-arms and some local
politicians.
Harboring a
criminal is also a criminal offense. We therefore challenge the
leadership of the Armed Forces of the Philippines to prove that it is
serious in implementing the paradigm shift for peace and security by
ensuring that their ranks adhere to the principle of human rights and
humanitarian laws.
We, the Asian
Federation Against Involuntary Disappearances (AFAD), a regional human
rights federation of organizations of families of the disappeared and
human rights advocates working directly on the issue of enforced
disappearance in Asia, urge the Aquino government to give much attention
to the cases of human rights violations. We take particular attention
to the issue of enforced disappearance considered as one of the cruelest
and most dehumanizing of human rights violations. The only way to end
impunity in the country is for the government to bring those responsible
to justice, guarantee the rights of victims and their families and
prevent recurrence.
One concrete step that the Aquino government can do is to sign and
ratify the International Convention for the Protection of All Persons
from Enforced Disappearance adopted in 2006 by the United Nations
General Assembly and entered into force on 23 December 2010. To
date, this international human rights instrument has 91 signatories and
30 States Parties. This obliges State Parties to enact domestic law that
will make enforced disappearance an autonomous and distinct criminal
offense. It provides, among other things, the right to truth and the
right not to be subjected to enforced disappearances.
Disappointingly, the Philippines is not yet a signatory much less a
State-Party to this Convention
despite having cited it as one of its voluntary pledges before the UN
Human Rights Council when it ran for membership in 2007.
The bills criminalizing enforced disappearance have been filed and
re-filed in both the Senate and the House of Representatives since the
9th Congress. The current 15th Philippine Congress has made
some positive steps for its possible enactment. On 9 June 2011, the
Senate approved on third and final reading Senate Bill 2817. The Joint
Committees of Human Rights and Justice of the House of Representatives
of the 14th Congress adopted on 17 August 2011 the approved
House Bill 5888 as substituted bill for plenary consideration. The
challenge is how to finally enact this bill into law after years of long
delay.
In the face of continuing human rights violations in the country, we vow
our unwavering support to the kin of two missing UP student-activists,
Sherlyn Cadapan and Karyn Empeno and all desaparecidos who
sacrifice their lives to make democracy truly serve the interest of the
Filipino nation.
Gen. Palparan should feel lucky to be given an opportunity to have a day
in court unlike those who are made to disappear and are killed without
defending themselves. Should there be a law criminalizing enforced
disappearance, Gen. Palparan would have been the first person to be
charged for committing this odious offense.
The case of the fugitive retired Gen. Palparan is indeed a make or break
in impunity for human rights violations in the country. It is
therefore, our social responsibility to make justice prevail.
Signed:
 |
 |
|
MUGIYANTO |
MARY AILEEN
D. BACALSO |
|
Chairperson |
Secretary-General |
