CHRP
Newsletter
Enforced disappearances on the agenda through CHRP Europe tour
CHRP welcomes Concepcion Empeno, Ray-
mond Manalo and Remigio Saladero to the UK
this month in the first leg of a Europe tour
arranged in conjunction with Amnesty Inter-
national and the support of UNISON and the
Sigrid Rausing Trust.
The three, all victims of or relatives of victims
of enforced disappearance and wrongful ar-
rest, will tour the UK and mainland Europe,
speaking at events and conferences and
meeting politicians, unions, community
groups and the media.
Among the trio‟s appointments will be an
event hosted at the Amnesty International
Human Rights Action Centre, a meeting with
the All-Party Parliamentary Group on Human
Rights and a meeting with Amnesty Interna-
tional‟s Secretary General.
Mr Manalo is a farmer who escaped captivity
after being kidnapped by men widely sus-
pected to be in the employ of the Armed
Forces of the Philippines (AFP). Raymond was
tortured by his kidnappers, and also wit-
nessed the torture of two university students,
Sherlyn Cadapan and Karen Empeno.
Concepcion Empeno is the mother of Karen
Empeno, one of the two students who have
been missing now for four years. Both were
abducted while conducting research in a rural
village.
Remigio Saladero, chief counsel to the union
umbrella organisation Kilusang Mayo Uno
(KMU), is a well-known labour lawyer who
was subjected to wrongful arrest and impris-
oned for three months on trumped-up
charges of murder. The warrants used to ar-
rest Mr Saladero Jr and those he was at the
Autumn 2010 Issue
time were all defective, containing mis-
spelled names and incorrect addresses.
Mr Manalo said of the tour: “To visit the UK
is very important for me. I want to tell the
world the truth that state forces in the Phil-
ippines have been and still are responsible
f o r p e r p e t r a t i n g t h e
worst kinds of human rights violations."
Mrs Empeno said: "This trip is a step to-
wards a solution to the disappearance of
Karen and Sherlyn. We want to pressure
the new administration to prioritize the hu-
man rights problems in the Philippines, be-
cause despite our pleas, our new president
remains deaf, blind and mute to our con-
cerns.”
CHRP Honorary President Canon Barry Nay-
lor said: “If people in the UK and Europe
Raymond Manalo points to
can add their voices to the condemnation of
such atrocities, we hope the situation may
where a fellow prisoner was
be able to change in the future so that Fili- executed
pinos can go about their everyday lives
without living in fear of their life. Inside this issue:
“The seemingly ongoing culture of impunity
LETTER FROM THE CHAIRMAN 2
around enforced disappearances and extra-
judicial killings in the Philippines must end
now.” New president Benigno „Noynoy‟
AN EXCLUSIVE CHRP INTER- 3
Aquino – son of „People Power‟ president VIEW WITH UN RAPPORTEUR
Corazon Aquino – committed his govern- PROF ROBERT ALSTON
ment to ending the country‟s record of hu-
man rights abuses, but little progress has
been made thus far, with the new presi- LSE POLITICAL SCIENCE ACA- 4/5
dent‟s first 10 days in office being marked DEMIC EVA-LOTTA HEDMAN
by 5 extra-judicial killings with no arrests WRITES ABOUT THE
being made. MAGUINDANAO MASSACRE
Leading bishops from the Philippines have
condemned the continuing extra-judicial DR PAULINE EADIE OF NOT- 8/9
killings, saying: “We are outraged that the TINGHAM UNIVERSITY ON HER
spate of extrajudicial killings that started EXPERIENCE AS AN ELECTION
during the Arroyo regime, as well as the MONITOR
culture of impunity, continues. This fact
does not speak well of the new President
THE LATEST UPDATE ON THE 10
MORONG 43
who promised to be the opposite of his de-
spised predecessor.”
CHRP ENGAGES UNISON 7
 CHRP Newsletter

Letter from CHRP Chairman

IT HAS been a turbulent In the first 10 days since man Rights Action Cen-
year for Philippine human his election, five people tre, while in March CHRP
rights. Since our newslet- were killed. By the end of joined the International
ter was last published in July, leading bishops urged Federation of Journal-
2009, the Maguindanao Aquino to give „substance ists, the National Union
killings saw Philippine to his pronouncements‟, of Journalists and Am-
political violence domi- while only a month later nesty International in an
nate the global news the world saw the torture event at the Amnesty
headlines for an all too meted out on a routine International Human
brief moment. However, basis by Philippine police Rights Action Centre
subsequent cases such as that suggests demolishing condemning the Maguin-
the February arrest and human rights abuses is not danao killings. In June,
imprisonment of the as easy as winning an CHRP joined Amnesty to
„Morong 43‟, the murder election. host a fringe event at
CHRP Chairman in June of labour leader the UNISON national
Rafael Joseph Maramag With the 100 days of
Edward Panganiban, and conference for the first
Noynoy‟s presidency up,
the ongoing plight of time, while more re-
now is the time for his pro-
Jonas Burgos, James cently – as this newslet-
gress to be scrutinised and
Balao, Sherlyn Cadapan ter explains – we have
the government pressed to
and Karen Empeno and arranged the visit to the
deliver change. In this,
many others like them UK and Europe of Con-
CHRP will work as hard in
failed to generate any cepcion Empeno, Ray-
the year ahead as it has in
international coverage. mond Manalo and Re-
the year just gone to join
migio Saladero Jr. For
“MANY REJOICED Then came election sea- Philippine activists in hold-
this we must thank part-
son. Many rejoiced at the ing politicians and the po-
AT THE CHANCE chance to rid ourselves of litical system to account
ners and benefactors
including Amnesty Inter-
Gloria Arroyo, yet while and informing others of the
national, UNISON (both
TO RID OURSELVES the election of Noynoy wrongs we see.
head office and many
Aquino brought the end
OF to Arroyo‟s regime and
The year has also been branches), the Sigrid
active for CHRP, which co- Rausing Trust and the
our „democratic institu-
GLORIA ordinated the visit of Edith International Coordinat-
tions‟ were celebrated by
Burgos and her son JL to ing Committee for Hu-
Hillary Clinton, questions
the UK and Europe, meet- man Rights in the Philip-
ARROYO” remain as to whether
ing with politicians and pines.
Noynoy will, or can, de-
journalists, and speaking
molish the „culture of im-
at events at SOAS and the
punity.‟
Amnesty International Hu-
“WITH 100 DAYS
OF NOYNOY’S
PRESIDENCY UP,
NOW IS THE TIME
TO BE
SCRUTINISED, AND
THE
GOVERNMENT
PRESSED TO
DELIVER CHANGE”

New President Noynoy Aquino Page 2

 Autumn 2010

Professor Philip Alston speaks to CHRP

Interview by Mark Dearn

Professor Philip Alston has been UN Special
Rapporteur on extrajudicial, summary or arbi-
trary executions since 2004. He reports regu-
larly to the UN General Assembly and Human
Rights Council, and has visited the Philippines
several times, most recently in 2007 when he
condemned the military‟s “state of denial”
around extra-judicial killings and disappear-
ances. He is John Norton Pomeroy Professor of
Law at New York University.
words, it is most unlikely that there will be any legal conse-
quences if they kill someone; there is simply no deterrent.
They see others literally getting away with murder and
decide that it‟s a good option for them as well. The only
thing that will stop this mentality is the message that if
you do kill, you will be prosecuted, and you will serve a
very long jail sentence.
What do you think key blockages have been in ac-
cessing justice on extra-judicial killings in the Philip-
pines?

How did you first become interested in human rights? There has been a lack of
political willingness to
I grew up in Australia during a period of prosperity and con- confront many of the kill-
sistent economic growth and, for the first 22 years of my ers. Where powerful po-
life, Australia had a conservative government. Social jus- litical clans, or business
tice issues were not at all prominent. Things changed, first
with the opposition to the Vietnam War, in which Australia‟s
leaders are involved, it‟s
easier not to confront
“THE HUMAN
proclaimed policy was “all the way with LBJ”, a reference to
Lyndon Johnson, the US President who was busily expand-
them. Where the military
are suspected, there is
RIGHTS STRUGGLE
ing the war. The anti-war movement also gave added im-
petus to efforts to elect a social democratic government,
often a reluctance to call
them to account for fear
IS NEVER WON”
which came to office at the end of 1972. By 1974 I was that their loyalty might be
working as chief of staff to a cabinet minister in that gov- thrown into question. If
ernment, led by Prime Minister Whitlam. It was an exciting you have a Justice Secre-
time and I worked on issues like the rights of Australia‟s tary who is determined
indigenous peoples, prison reform, and police accountabil- not to acknowledge the
ity, although I barely knew the term „human rights‟ at the realities of what is going
time. on, you start out with a huge presumption in favour of im-
punity. If you have a weak and under-funded witness pro-
Were you shocked by what you came to know about
tection, people are not going to come forward and testify,
the Philippines? How aware were you of the situation
and they don‟t testify, there will be very few convictions.
there before you first visited?
Were you impressed by civil society groups/
I was very well briefed before I arrived in Manila in Febru-
indigenous NGOs in the Philippines?
ary 2007. I had done extensive research of my own, and
had read a lot of materials provided to me by local civil Filipino NGOs are clearly among the most sophisticated and
rights groups, and had the advantage of in-depth conversa- experienced in the world. I received very detailed dossiers
tions with some of the key actors. But it is true that read- in relation to a great many killings, and those dossiers
ing and talking about such issues is no substitute for learn- were not simply a recounting of the alleged facts. They
ing about them on the ground. I arrived with a certain set included photographs, autopsy reports, witness state-
of assumptions about the nature and extent of the killings ments, official documents and accounts etc. My work in
that were taking place and a good sense of who was ac- the Philippines would have achieved very little if it had not
cused of carrying them out, but there were also various been for the superb work done by a broad coalition of
elements that didn‟t quite add up in my mind. My views NGOs, as well as the fact that many of them worked
certainly evolved very significantly after I had had the op- closely together for the first time for many years.
portunity to meet not only with witnesses and victims, but (Continued on page 6)
also with the armed forces and government leaders.
How important are successful prosecutions in stem-
ming the tide of ex-
tra-judicial killings?
It is the key element. I
sometimes worry that
„impunity‟ is a catch-
“THERE HAS BEEN A word that might have
come to lose its ability
LACK OF POLITICAL to shock because it is
WILLINGNESS TO used so often. We
really need to focus on
what it means in prac-
CONFRONT MANY OF tice. It is that those
who might think about
THE KILLERS” resolving disputes sim-
ply by „taking out‟ the
people with whom they Professor Philip Alston at the United Nations
disagree, face no disin-
centive. In other
Page 3
 CHRP Newsletter
The Maguindanao Massacre, critical elections
and armed conflict in the Philippines
The Maguindanao Massacre has sent shock waves through
the Philippines and beyond. A convoy of cars was caught
in an armed ambush on Monday 23 November, leaving at
least 57 persons dead, with mutilated bodies and crushed
vehicles found buried in large pits. The convoy was des-
tined for the Commission of Elections office in Shariff
Aguak town, Magindanao Province in the Autonomous
Region of Muslim Mindanao (ARMM). The purpose was to
file local vice mayor Esmael Mangudadatu‟s certificate of
candidacy to run for the governorship of Maguindanao
province in the May 2010 Philippine elections. Among the
victims of the massacre were at least 30 journalists, more
than 20 women, including the wife and two sisters of Man-
gudadatu.
Chief Suspect Ampatuan
As news of the massacre spread quickly, UN Secretary-
General Ban Ki-Moon and the U.S. Embassy in Manila
called upon President Gloria Macapagal-Arroyo to ensure
that those responsible for the attack be brought to swift
justice. At this writing, a local mayor and scion of the
powerful Ampatuan family, Andal Ampatuan Jr., has been
charged with 25 counts of murder and remains in police
custody in a Manila prison. A number of other people have
also been recommended to face murder charges, including
at least six other Ampatuans (the provincial governor, the
ARMM governer, another mayor, a vice mayor, and the
head of so-called „police auxiliary forces‟). In the after-
math of the massacre, Maguindanao was first placed un-
der a state of emergency, and the entire locally appointed
police force of more than 1,000 men dismissed. Subse-
quently, Arroyo has moved to declare martial law in the
province, thus effectively authorizing thousands of govern-
ment troops to make arrests without court warrants and
otherwise crack down on the Ampatuan clan and its pri-
vate army of so-called „auxiliary‟ police forces or „civilian
volunteer organizations.‟
The targeting of women and media representatives in such
large numbers and brutal manners during broad daylight,
possibly resulting in more journalists killed in a single at-
tack than anywhere else in the world, was not merely
shocking. It was also the fatal outcome of a deliberate
strategy for launching an electoral challenge against the
grip on power exercised by the Ampatuans through elec-
tive and appointive government positions, as well as
through local police and private armies, in Maguindanao,
and beyond (the ARMM governor is also an Ampatuan as
of 2005). That is, Mangudadatu‟s convoy itself represented
an attempt at expanding the repertoire of oppositional poli-
tics in the forbidding context that is contemporary Maguin-
danao. While the placing of women and journalists in harm‟s
way failed to deter the fatal attack, the swift public reaction
to the massacre is nonetheless testimony to the power of
the individual courage and collective action demonstrated by
those who joined in this convoy.
The particular circumstances and suspected culprits behind
this massacre have attracted considerable attention, in the
Philippines and elsewhere. While details and evidence have
yet to be heard in a court of law, the deeper causes and
consequences of this massacre can be gleaned from analyz-
ing the wider political context and dynamics – in Maguin-
danao, in Muslim Mindanao, and elsewhere in the Philip-
pines. There are at least three important patterns to con-
sider in this regard: i) the practice of election-related vio-
lence; ii) the integration of the Muslim minority population;
and iii) the emergence of zones of impunity in the southern
provinces of the Philippines.
Many observers have noted that election-related violence
remains a familiar and widespread practice not merely in
southern Philippines but in many other parts of the country
as well. In recent memory, for example, a reported 186
candidates and supporters were killed in election-related
violence across the country in 2004, and another 126 in the
2007 elections. More generally, „guns, goons, and gold‟ have
long been a mainstay of Philippine electoral politics, as have
national citizens‟ movements that seek to safeguard „free
and fair‟ elections against violence, vote-buying and electoral
fraud.
More easily overlooked, however, is a pattern of violence
during periods when a (long-term) incumbent president is –
or should be – a lame duck and the anticipated realignment
of national politics spells a concomitant shift in (entrenched)
local structures of power. In view of the firm grip on local
power by the Ampatuans in Maguindanao since 2001, and
their close association with Arroyo during a long presidency
which is now drawing to a close, the May 2010 elections
present precisely such a moment of (would be) change and
turnover in the wider context of a deeply entrenched au-
thoritarian enclave, or so-called „warlord bailiwick.‟ Having
played a critical role in delivering a hefty chunk of the
„Mindanao vote‟ to Arroyo‟s ruling party in the 2004 elec-
tions, the Ampatuans have since consolidated their grip on
local power and held a total of 16 positions to political office
in Mindanao, including two governorships, at the time of the
massacre. Here, the – notoriously violent – elections of
1971, when then president Ferdinand Marcos had been in
power for six years and was expected to leave office in
1973, suggests useful insights and sobering lessons for the
prospects and dynamics of the upcoming Philippine elections
to be held in May 2010.
The problematic pattern of integration of the Muslim minority
population is another important but often misunderstood
backdrop to the conflict in the southern Philippines. The
early 1970s witnessed armed separatist mobilization for an
independent Moro homeland under the rubric of the Moro
National Liberation Front (MNLF). By the mid-1970s, nearly
75% of the troops of the Armed Forces of the Philippines had
been deployed to Mindanao and the Sulu Archipelago, with
violent clashes leading to an estimated 50,000 casualties
Page 4

and the forced displacement of hundreds of thousands
of residents. With a peace accord signed in 1976, live-
and-let-live arrangements emerged in the southern
Philippines, allowing armed Muslim groups to enjoy
considerable local power. The resumption of democ-
ratic elections in the mid-late 1980s, and the creation
The arsenal of recovered weapons
of the Autonomous Region of Muslim Mindanao in the
1990s facilitated this pattern of accommodation.
However, from 2000, and deepening with the onset of
the „Global War On Terrorism‟ in late 2001, the south-
ern Philippines saw large-scale government military
campaigns in the name of „counter-terrorism‟, causing
casualties, destruction, and forced displacement on a
scale not seen since the early-mid 1970s. A „Total War‟
begun in 2000 dramatically reduced the effective con-
trol enjoyed by the Moro Islamic Liberation Front
(MILF) over Muslim areas of central Mindanao. A later
wave of military operations in the islands of the Sulu
Archipelago was waged against the small shadowy
Islamist terrorist network known as the Abu Sayyaf
Group.
From 2006 up through mid-2008, however, a new pat-
tern of accommodation had emerged between the Phil-
ippine government and the MILF, with informal under-
standings accompanied by formal diplomatic negotia-
tions, leading to a Memorandum of Understanding in
early-mid 2008. This lull in the fighting coincided, not
accidentally, with the 2007 mid-term elections. But the
proposed accord was opposed by many Christian inter-
ests in Mindanao and by elements within the MILF as
well. Tensions increased, and both sides began to re-
arm and remobilize their forces. By mid-2008, armed
skirmishes were reported in mixed Muslim/Christian
areas of central Mindanao, with MILF attacks on vil-
lages provoking a large-scale AFP military campaign
that has continued, on and off, well into 2009. Mean-
while, kidnappings by the Abu Sayyaf in Basilan and
Sulu sparked renewed counter-terrorism operations by
Philippine government forces in the Sulu Archipelago.
In both central Mindanao and the Sulu Archipelago, the
resurgence of armed conflict has led to the displace-
ment of hundreds of thousands of residents, only a
minority of whom have found refuge in the govern-
ment‟s evacuation centres. February and March 2009
saw renewed fighting and large-scale flight in some
areas, and new military operations were launched in
Autumn 2010
April, prompting further large- scale displacement, especially in
Maguindanao. Despite the July 2009 ceasefire and the December
resumption of peace talks between the Philippine government
and MILF, conflict, violence and displacement continue to loom
large on the horizon of Muslim Mindanao in the absence of a
political solution.
Localised in the context of southern Philippines, the Global War
On Terrorism has thus lent added momentum to the emergence
of zones of impunity in parts of Mindanao. As the heartland of
the Moro Islamic Liberation Front (MILF) and a key theatre of
armed conflict, the province of Maguindanao presents a political
terrain where extrajudicial killings have continued to feature
prominently among civilian casualties. Indeed, the absence of
any clearly demarcated zones between military and civilian areas
has remained the norm in Maguindanao and other parts of Min-
danao affected by protracted conflict and cycles of militarised
violence. What is at times referred to as clan- based violence, or
rido, pitting rivaling families and their supporters against each
other in their competition for local political power and resources,
is perhaps the most notorious manifestation of such impunity, as
noted in a recent study conducted by researchers at Mindanao
State University in Marawi.
As the stalled peace talks between the Philippine government
and the MILF have resumed in Kuala Lumpur on 8-9 December,
the shock waves from the Maguindanao Massacre continue to
reverberate. Perhaps the calls for swift justice and the moves to
prevent further bloodshed in the aftermath of the massacre will
also add urgency and momentum to end the injustices and vio-
lence visited upon the thousands of Filipinos caught in the cross-
fire of armed conflict and military campaigns in southern Philip-
pines. It can only be hoped that the Arroyo administration‟s dec-
laration of martial law and ongoing military operations against
the Ampatuans and their alleged 4,000 strong private army in
Maguindanao does not portend yet another chapter in Philippine
history in which conflict in Mindanao and corruption in Manila
Protesters take to the streets
converge at great expense to Filipinos of all faiths.
Dr. Eva-Lotta Hedman is a Research Fellow at LSE IDEAS
Southeast Asia International Affairs Programme and a
Research Associate at Refugee Studies Centre, University
of Oxford.
First published as an LSE IDEAS Situation Analysis. Repro-
duced with the kind permission of Dr Eva-Lotta Hedman
and the London School of Economics and Political Science
Page 5
 CHRP Newsletter
Prof. Philip Alston (Cont’d from page 3)
What potential do you see for hope for change
in the Philippines, especially given there is a
new government in office?
There is generally reason for great hope when a
reformist government comes to office and it re-
solves to tackle both the symptoms and the under-
lying causes of major human rights violations. But
we should not be under any illusions about the diffi-
culty of the task. The Noynoy Government will
need all the help and all the pressure that it can get
to make sure that it comes good on its extremely
encouraging promises to tackle impunity and to en-
sure accountability for past abuses.
Do you think structural/institutional problems
in governance (e.g. links between the execu-
tive and military) inhibit progress on human
rights in the Philippines?
It is in the nature of any sophisticated society that
there will be structural problems that will impede
efforts to hold powerful individuals to account for
human rights violations. The important thing is to
make sure that investigations and prosecutions are
carried out in a principled and effective manner so
that justice is seen to be done as well as actually
being done. The Philippines has a long and complex
history of relations between the executive and the
military and it will be essential for both sides to re-
spect the constitutional limits of their powers and to
work together to make sure that a civilian govern-
ment is able to pursue its responsibilities to the
people.
You were reported to have said that after your
term as UN rapporteur ends this year that you
will retain an interest in the Philippines. When
do you plan to visit the Philippines again?
Supreme Court ‘non-decision’ on Burgos case prolongs agony
The plight of Jonas Burgos, son of chair of De-
saparecidos („Families of the Disappeared),
Edith Burgos, who visited the UK with CHRP
last year, remains unresolved.
The Philippine Supreme Court failed to produce a
decision on a petition of the Writ of Amparo
(protection) filed more than a year ago, instead or-
dering the Commission on Human Rights to investi-
gate the case, effectively taking proceedings back
to square one.
The Writ of Amparo was established as a means to
protect constitutional rights and supplement habeas
corpus, often ineffectual in Philippine courts.
And will you be able to lend your support and
expertise to the Philippine people somehow?
I first visited in 1986, within weeks of the EDSA
revolution and I have returned several times since
then. The Philippines is a magnificent country and
I will always be very happy to return. But while I
was Special Rapporteur I needed an invitation from
the government if I was to visit in a context that
had anything to do with unlawful killings. My real
hope now is that Filipino society will be able to take
the next steps against impunity without needing
outside prodding. I will certainly be following
events with enormous interest.
What’s your favourite Filipino food?/Was
there a particular aspect of Filipino culture
you enjoyed?
Filipino food strikes me as one of the original and
great examples of „fusion‟, in the sense that it com-
bines the best of many different regional traditions.
I prefer the Asian elements and especially love the
seafood and noodle dishes. In terms of culture, I
didn‟t get the opportunity to engage in much of it,
but I was fortunate enough to buy some wonderful
local art work when I was there, which is have on
display in my home.
What is your message to defenders of Philip-
pines human rights?
The human rights struggle is never won, but it is
always essential to have hope and to believe in the
possibility of deep and enduring change. The Phil-
ippines has so much going for it and I have no
doubt that the struggle for social justice and
against impunity can be won.
The writ was taken to the Supreme Court after the
Court of Appeals dismissed an application by the Bur-
goses.
Lorena Santos, Deputy Secretary General
of Desaparecidos said: “The Supreme Court did not
bestow justice; it only prolonged the Burgoses‟ ag-
ony.”
Decisions for petitions for the Writ of Amparo for the
disappearance of National Democratic Front of the
Philippines consultant for the peace process Leo
Velasco, and, the UP Students Karen Empeno and
Sherlyn Cadapan are still pending with the Supreme
Court.
Page 6

Maguindanao Rally
In March this year, CHRP joined forces with the International Federation of Journalists (IFJ), the National Union of Journalists
(NUJ) and Amnesty Intrnational to condemn the Maguindanao killings. At a rally hosted by Amnesty International at the Hu-
The UK rally
"This promotion not only rewards a fatal act of gross negligence, but also makes clear the government's determination not to
investigate the role and
Prior to the Maguindanao killings, some 104 journalists met violent deaths since 1984. The murder of the 32 journalists, along
with other civilians, made it the single worst atrocity against the media in living memory and the Philippines the most danger-
CHRP engages union conference
Guest speaker Vincent Borjal
CHRP helped place Philippine
trade union rights firmly on the
agenda in one of Britain‟s larg-
est and most powerful trade
unions this summer.
Jointly hosting a fringe meeting
at the UNISON Conference
2010 with Amnesty Interna-
tional UK, CHRP member
Jamima Fagta and guest
speaker Dan Borjal of Nethe-
lands-Filipino Solidarity told a
packed room of delegates
about Philippine human rights
within the context of the coun-
try‟s politics and economics.
They were joined in the
Bournemouth panel discussion
by Amnesty International Trade
Union Campaign Manager
responsibility of the
Shane Enright, Kevin O‟Grady
of the UNISON National Ex-
ecutive Council (NEC) Interna-
tional Committee, and Am-
nesty International Secretariat
Southeast Asia Campaigner
Hazel Galang.
At the main conference, Fili-
pino workers for the first time
addressed the conference,
urging delegates to sign the
later unanimously passed
Motion 101. The motion, the
first time UNISON has
adopted a Philippines-focused
policy, calls on the union‟s
NEC to seek greater linkages
between UNISON and trade
union movements in the Phil-
ippines, work with the Filipino
diaspora to combat trade and
human rights violations in the
country, pressure the UK gov-
ernment to take a stronger
line with the Philippine gov-
ernment and raising aware-
ness of the situation in the
Philippines.
The fringe meeting, „Violation
of Trade Union Rights in the
Philippines‟, was followed by a
lively question and answer
session, with delegates keen
to learn about the fragile state
of human rights for Philippine
trade unionists.
Dan Borjal, who flew in from
Holland to address the
Autumn 2010
man Rights Action Centre to mark 100 days since the
November 23, 2009, massacre of 58 people, including
32 journalists, the organisations highlighted Executive
Order 546 as critical to the killings. A joint statement
from CHRP, the IFJ and NUJ demanded the order, which
allows the use of neighbourhood-watch type armed
"force multipliers," or Civilian Volunteer Organisations,
to be revoked. The statement also called for a full in-
vestigation into military inaction and collusion prior to
the killings, and sufficient resources and independence
to be granted to prosecutors and the judiciary to guar-
antee speedy and effective investigations.
IFJ president Jim Boumelha said: "The Arroyo govern-
ment is responsible for allowing a culture of impunity to
grow over the past decade that created the conditions
in which the Ampatuan Town massacre could take
place."The IFJ criticised the decision to promote Gen-
eral Alfred Cayton to deputy commander of the Philip-
pine army within weeks of him refusing a military es-
cort for the convoy that was subsequently massacred.
Victims' families have since launched a civil action
against General Cayton.
military in this massacre," added Boumelha.
Bournemouth meeting, urged
delegates to condemn the
culture of impunity that sur-
rounds extra-judicial killings in
the Philippines, highlighting
the job scarcity, privatization
and union busting techniques
– including assassination – that Question time at the fringe
pervade the country. Delegates event
were also reminded of the mas-
sacre of more than 50 people in “We want to campaign for the
Maguindanao in November last new government to stop impu-
year. nity in the Philippines, prose-
In the main conference hall, cute those responsible for the
Filipina Josefina Paez, from Wol- murder and disappearances of
verhampton, highlighted the workers, and to implement a
case of Edward Panganiban, sustainable economic pro-
while Dong Dumilag, a Filipino gramme so that Filipino work-
living in Cardiff, Wales, spoke to ers are not forced to leave
about the case of the „Morong their country to earn a decent
43‟, highlighting that the case living,” Dumilag said.
was taken by friends and rela-
tives to the United Nations Hu-
man Rights Council, in Geneva.
The panel (L-R) Vincent Borjal, Shane
Enright, Hazel Galang & Jamima Fagta
Page 7
 CHRP Newsletter

Philippines Elections 2010: Free and Fair?

By Dr Pauline Eadie, Co-Director of the Institute of Asia-Pacific Studies, University of Nottingham

On May 10th 2010 of queues and election campaign materials in and

automated national around the precincts. Campaigning in the precincts is
elections were held banned but this was circumnavigated by the distribution
in the Philippines for of items such as fans, umbrellas and t-shirts that help-
the first time. I was fully illustrated the names of candidates and how to vote
lucky enough to for them. Children were also seen distributing flyers,
meet Senate Presi- presumably as they were less likely to be questioned
dent Juan Ponce En- than adults. All around the precincts the security ser-
rile shortly after the vices were armed and in evidence. All the teams on the
elections and he de- mission found mass evidence of vote buying and cheat-
scribed the election ing. We also observed „voting through the window‟, that
campaign to me as is a voter went into the classroom, got his ballot sheet
rowdy. His descrip- and passed it through the open window for someone
tion is apt. In the else to complete and return to him. Officials stood by
Philippines elections and watched whilst this went on. There was also a com-
are colourful, noisy plete lack of privacy to vote as the „privacy folders‟ sup-
Dr Pauline Eadie and long, for this plied by the Commission on Elections (COMELEC) were
reason The Philippines Daily Enquirer ran the head- shorter than the ballot papers. Ballot papers are long as
line „It‟s Carnival Time Again‟, when the 2010 cam- each voter votes for the president, the vice-president,
paign season kicked off on February 9th. senators, congressmen and a range of other local posi-
tions.
The Philippines has a history of bloody elections.
However fatality rates are problematic to quantify as Voting was meant to end at 6.00pm but was extended
pre-campaign, pre-election, polling day and post until 7.00pm by COMELEC, after that precincts were
election casualties are all relevant but sometimes shut but anyone within the precinct was entitled to vote.
difficult to categorize as election related. Before and There were reports of voting going on until midnight.
during the elections the Armed Forces of the Philip- Our team witnessed first hand the distress of some vot-
pines (AFP) are placed on the highest state of alert. ers who had been waiting for hours with scant instruc-
I was part of the People‟s International Observers tion from either the Board of Elections Inspectors (BEIs)
Mission (PIOM) that numbered 86 observers from 11 or COMELEC. However, by and large people did wait to
countries. The observers were divided into teams vote. Voter turnout was gauged to be 75%.
and dispersed across the country to monitor various The foreign observers and the Filipinos seemed to view
locations including numerous
„hot spot‟ zones. Filipinos
were also involved in the
mission, both in the central
coordination in Manila and in
the provinces we travelled
to. My team was stationed
in Iloilo a town on the West-
ern Visayan island of Panay.
On the day of the election
the main issue that our team
observed was that the whole
process of voting backed up
due to too many people be-
ing allocated to each Precinct
Optical Optical Scanner
(PICOS) machine. Voters
waited for up to eight hours
to vote. The temperature
was touching 38 degrees.
We also observed machines
not being delivered as they
had apparently been taken
and burned en route, ma-
chines jamming, individuals without authorisation Waiting to vote in Panay
interfering with the machines, chaotic organisation
Page 8

the elections in radically different ways. The PIOM
stated
to the national press that the elections were, „not fair,
not honest and not peaceful‟. In some circles this was
disputed. After the election Maj. Gen Juancho Sabban
of the Philippines Marines, who I kept in close contact
with throughout the election period, stated that „as
long as there are not 200 dead on the street we con-
sider it peaceful‟. Actual deaths on polling day 2010
numbered less than 20. The PIOM team in Lanao del
Sur were caught in the middle of shoot out at a polling
station. The end result was three dead and one
wounded but the team all managed to escape safely.
Members of the PIOM that monitored the Payatas re-
gion of Manila reported chaos at the polls, not least
because of mass numbers of voters per precinct, and
mass vote buying. However when I went to one of the
schools they had visited a few days later the principle
of the school declared the whole process was a
„success‟.
Autumn 2010
apparently rectified and the cards were swiftly re-
turned. Critics claim that this was when the results
were pre-loaded into the cards.
Losing vice presidential candidate Sen. Mar Roxas
lodged a legal appeal against the declaration of former
Mayor of Makati Jejomar Binay as vice president. There
were less than a million votes separating the two and
Roxas is arguing that the result would have been dif-
ferent if the nearly three million spoiled votes had been
counted. Were the Philippines elections a success? Well
they happened and the reign of GMA was brought to an
end. Aquino is now president, he won over 40% of
votes cast and his nearest rival trailed by five million
votes. How far the results were the result of a „free and
fair‟ system, we will perhaps never know.

The only issue she mentioned was that the crowd were
difficult to control but once they found a megaphone
order was restored. Meanwhile Smartmatic took out
two page spreads in the national press lauding itself “VOTERS WAITED FOR UP TO
over the successful election. Success is obviously in the
eye of the beholder.

The fact that the elections happened at all was consid-

EIGHT HOURS TO VOTE”
ered a success in some quarters. Before the elections
rumours were rife that the PICO machines would not
work and/or brown outs would lead to a failure of elec-
tions.

The deeply unpopular predecessor to the winning

presidential candidate Benigno (Noynoy) Aquino III,
Gloria Macapagal-
Arroyo (GMA) was
considered capable
of all sorts of dirty
tricks in order to
extend her presi-
dential tenure. In
the event the elec-
tions pushed
through but ru-
mours persist that

the PICO machines

were somehow pre-
programmed to gen-
erate the results
that someone (the
United States?) de-
sired. The issue of
cheating centres on
the fact that the
memory cards for
the PICOs machines
were recalled three
days before the
elections as they
were deemed not to
be registering data
properly. The fault was Election campaigning is big business Page 9
 CHRP Newsletter
The ongoing plight of the ‘Morong 43’
On February 6 this year, 43
health workers were ar-
rested with a defective ar-
rest warrant in Morong, Rizal
province, on the grounds
that the group were affiliated
to the New People‟s Army.
The 43, 26 of whom are
women, two of whom are
pregnant, were staying at a
resort owned by Dr Melecia
Velmonte, a consultant at
Philippine General Hospital
and professor emeritus at
the University of the Philip-
pines College of Medicine.
The group, now known as
the „Morong 43‟, were
charged with the non-
bailable offence of illegal
possession of firearms and
explosives, and alleged to
have been undergoing bomb
-making training. Velmonte
said they were community
health workers attending a
training course organized by
the non-government organi-
sation, Council for Health
Development.
In the following weeks a
petition for the writ of ha-
beas corpus was filed by
relatives of the group, while
then chair of the Commis-
sion on Human Rights (CHR)
Leila De Lima said the 43
had been subjected to psy-
chological torture and denied
the right to counsel. The
Protesters take to the streets in solidarity
Supreme Court ordered the While Brigadier General Jose
43 to be presented by the Mabanta Jr. of the AFP
military and police to the stated that the arrest “was
Court of Appeals. However, made with proper warrants
the 43 never arrived with of arrests and search war-
the military citing a lack of rants”, comments made in
time to coordinate security the last few weeks by now
measures. Justice Secretary De Lima
indicate otherwise.
In March, Adoracion Paulino,
the mother of a detainee, The International Association
revealed she was offered of Democratic Lawyers
P50,000 and a job by the (IADL), the world‟s biggest
military in exchange for her organization of human rights
son‟s confession, justified as lawyers, is focusing on the
financial assistance under Morong 43 as an interna-
the government‟s social inte- tional campaign. After a
gration program for rebel delegation met with De
returnees.
Later that
month, the
petition for
habeas corpus
was dismissed
by the Court of
Appeals using a
martial law
doctrine which
argues deten-
tion can not be
questioned
once criminal
charges have
been filed, re-
gardless of
irregularities in arrest and
Lima, she said: “I know the
inquest. The 43‟s lawyers violations. I know how de-
filed an appeal before the
fective the arrest was. I
Supreme Court, which has know that the warrant [of
so far received no response.
arrest] was patently defec-
tive on its face.”
The warrant was issued
against Mario Condes, who
was not among the 43 ar-
rested and who has never
been found. During hearings
conducted by the CHR, po-
lice and military officers ad-
mitted they did not pursue
searching for Condes.
De Lima said: “I have been
receiving emails from inter-
national organizations saying
that they are interested in
this case. The UN Human
Rights Council is concerned
about the Morong 43, while
there are many international
human rights groups which
expressed concern as to
whether the arrest and de-
tention have a legal basis.”
Page 10
 Autumn 2010

Campaign for Human Rights in the Philippines

Address:
The Campaign for Human Rights in the Philippines
c/o PIPLinks
Finspace Company Registration No: 6878754

225-229 Seven Sisters Road

London
N4 2DA

Telephone: +44 (0)207 263 1002

Email: info@chrp.org.uk

We‟re on the web! http://www.chrp.org.uk

Useful links for human rights in the Philippines

A High Level Mission of the International Labour Organization (ILO) report on a September
2009 visit to the Philippines to review matters relating to the application in law and in practice of
the Freedom of Association and Protection of the Right to Organize Convention (No. 87), 1948, which
the Philippines ratified in 1953, can be found at: http://www.ilo.org/asia/info/public/pr/lang--en/
WCMS_114072/index.htm
Philippine NGO Karapatan‟s review of 2009: http://www.karapatan.org/2009-HR-Report
The full report of UN Special Rapporteur Prof Robert Alston:
http://www.karapatan.org/AlstonReport
A report on extrajudicial killings by Atty. Al Parreno which found 1.05 percent of 305 Philippine
extrajudicial killings from 2001-2010 ended in conviction:
http://www.scribd.com/doc/37530361/FULL-Report-on-the-Philippine-EJKs-2001-2010
Hong Kong-based Asia Human Rights Commission: http://philippines.ahrchk.net/
Human Rights Watch: http://www.hrw.org/asia/-philippines
Amnesty: http://www.amnesty.org/en/region/philippines

CHRP newsletter is published in London

Editor: Mark Dearn
Design: Helen Raymond Page 11
Page 12