Despite the Philippine government’s then adamant stance to support the adoption of the Convention, the unceasing campaign and lobby work of the human rights community had paved the way for the anti-disappearance bill to take shape and gain support from legislators in the Lower House.

Born from the pain and grief caused by human rights violations, the bill serves as the nation’s vigilance against future administration’s dictatorial tendencies or oppressive governance. The people now are careful not to let history repeat itself.

Moreover, following the dictatorship, the United Nations Working Group recommended such legislation during its visit to the country in 1991. It emphasized the need to narrow the powers of arrest, strengthen the mandate of the Commission on Human Rights to make unannounced detention, check visits, ensure the protection of witnesses and the guarantee proper practice of habeas corpus.

This bill, once enacted into law, shall ensure the prohibition of enforced disappearances. It shall protect the people’s "right not to be disappeared" which shall not be suspended under any circumstances, may it be a state of war or a threat of war, internal political stability or any other public emergency.

Furthermore, the bill defines enforced disappearance as a continuing crime so long as the victims have not surfaced or the whereabouts remain unknown. It also guarantees that no order of any public authority, civilian, military or others, may be used to justify an involuntary disappearance.

Those charged of the crime of enforced disappearance as well as those proved to be accomplices to the crime shall be sentenced to reclusion perpetua or life imprisonment. Reclusion temporal shall be meted upon those who attempted to commit the crime, or those who profited from the act, or those who have knowledge of the crime and concealed or destroyed evidences. More, charged perpetrators shall not benefit from any special amnesty law that will exempt them from criminal proceedings.

This progress in the Lower House, however, is not matched by positive developments in the Upper House. The Senate remains unmoved by constant lobbying by non-government organizations and by victims and families of the disappeared. Senators do affirm that enforced disappearance is a crime against humanity and they recognize the existence of disappearance cases. Yet they lack concrete actions. Their passiveness continue to deny hundreds of families truth, justice and redress.

The Philippines occupies a seat in the newly constituted Human Rights Council (HRC). As a member, it holds much responsibility in addressing issues of human rights in the country as well as protecting these rights from abuses. Much pressure is placed upon the government now as it has pledged to "continue to be sensitive to current and emerging human rights challenges." Consequently, it is expected to institutionalize the commitments it has made and further support other human rights mechanisms, one of which is the said International Convention for the Protection of All Persons from Enforced Disappearances. This has already been approved by consensus during the first session of the Human Rights Council in Geneva, Switzerland last June.

Set now against a backdrop of an environment where the number of disappearance cases are increasing, the need for the bill’s enactment into law has become even more urgent. New families have become victims of this worst crime against humanity. Joining the rest of the families of the victims of disappearances, they call upon the government to take a positive action – uphold people’s rights and protect them. Enact HB 4959. Support the Convention NOW!