A forum on the People’s Universal Periodic Review Agenda

1. A forum on the People’s Universal Periodic Review Agenda KARAPATAN * Hustisya * Desaparecidos * National Council of Churches in the Philippines * BAYAN * IBON Foundation * Bayan Muna * IPHR-Monitor * GMA Watch

2. CRITIQUE OF THEPHILIPPINE NATIONAL REPORT

3. The Philippine National Report (PNR) is significant not for what it says but for what it does not say. • It is a selective, one-sided, self-serving account of the Philippine government's so-called “achievements” and “best practices.” • It is a brazen attempt to hide the truth and evade accountability for the Arroyo regime's patent disregard for the people's civil, political, social, economic and cultural rights

4. The GRP says that the PNR was crafted “through a consultative and participatory process involving a wide range of stakeholders.” We in the human rights community know that no such process occurred.

5. The PNR lays down a litany of Constitutional provisions, republic acts, presidential decrees, executive orders, administrative orders, plans, programs and structures related to the promotion and protection of human rights…

6. …in reality have failed to effectively address the issues of: • extrajudicial killings, • enforced disappearances, • torture, • militarization, • political persecution, • economic penury, • social dysfunction and • cultural decadence

7. CIVIL AND POLITICAL RIGHTS

8. “The Philippine government has taken firm measures to address the problem of extrajudicial killings and enforced disappearances…” “bringing their perpetrators to justice and preventing such killings in future remains a priority of Government.” -- Philippine National Report

10. It was only in 2006, when there was an uproar in the international community over the atrocities, that the government started acting, but in a very token and self-serving manner.

11. Professor Philip Alston, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Professor Alston concluded that the government, particularly the AFP, was in a state of denial about the human rights violations.

12. One of PNR’s most glaring omissions…

13. ignore the UNSR’s recommendations • extrajudicial executions must be eliminated from counterinsurgency operations • principle of command responsibility be ensured • military practice of publicly linking political or other civil society groups to those engaged in rebellion be stopped • That all “orders of battles,” “watch lists,” and similar lists maintained by the AFP, PNP, or other elements of the national security system, be publicly identified with explanations • the Inter-Agency Legal Action Group (IALAG) be abolished • all directives, memoranda, and orders that impede the role of Congressional oversight in relation to the AFP and the PNP particularly over military activities and allegations of human rights abuses be rescinded

14. PNR notes the drop in the number of extrajudicial killings (EJK) in 2007 but fails to mention that …

15. in 2008Extrajudicial Killings: 14Enforced Disappearances: 2several reports of torture, illegal arrests, filing of trumped-up charges against critics and dispersals of workers’ pickets attributed to the State forces

16. PNR states that there have been 80 cases that have been filed through the police Task Force Usig but fails to say that many of these lack crucial evidence.

17. In fact, not one perpetrator coming from the government forces that ordered, controlled, condoned, tolerated, encouraged, induced, acquiesced or linked to an extrajudicial killing or disappearance has been credibly and effectively punished.

18. 4 dubious convictions 902 extrajudicial killings, and 180 disappearances but not one of these 4 include any State forces despite overwhelming reports and findings of their involvement in most of these cases

19. Government CPP/NPA/NDF “Inter-Agency Technical Working Group on alleged Extrajudicial Killings” FICTIONAL

20. PNR boasts that “the unwavering commitment of the Executive Branch of government to address this concern has been complemented by the Judiciary” when in truth, the Supreme Court was compelled to act precisely because the Executive and Legislative branches had done nothing to stop the killings and disappearances.

21. PNR acknowledges the seriousness of the killings and disappearances, but refuses to acknowledge the undeniable link between the atrocities and the Arroyo regime's counterinsurgency strategy OPLAN BANTAY LAYA

22. PNR proclaims the right to expression and a free press …??? • Proclamation 1017, • Executive Order 464, • the calibrated preemptive response (CPR) • and other efforts to violate our civil and political rights

23. ECONOMIC, SOCIAL AND POLITICAL RIGHTS

24. PNR claims that employment is accelerating and unemployment is decreasing but hides the fact that government artificially slashed the unemployment rate by a dramatic 3.5 percentage points not by creating more jobs but by simply redefining the labor force.

25. 2001-2007*annual unemployment rate - 11.3% underemployment - 18.9%(*Average)

26. 4.1 million Filipinos unemployed 6.8 million Filipinos underemployed

27. PNR does not acknowledge how the Philippines is facing worsening poverty despite supposedly rapid economic growth

28. Real average family income The poorest of 4/5 of Filipino families (13.9 million families) saw their real incomes fall between five and almost 13% -- Family Income and Expenditure Survey (2006)

29. Poverty Rate (% of population) -- Family Income and Expenditure Survey (2006)

30. Even using the low poverty threshold of P41.25 per day this translates to 27.6 million poor Filipinos or a 3.8 million increase.

31. The PNR does not recognize that it is the poor prospects for domestic livelihoods which have pushed record numbers of Filipinos abroad

32. The PNR does not mention the low priority of social services in the national budget, the cutbacks that were made to enable continued debt service, and the diminished per capita budget amidst standing inadequacies in social services.

33. Gov’t spending on education From 2001-2006, interest payments on debt accounted for an average of 28.1% of the total budget while education only received 15.3%.

34. Gov’t spending on health

35. The PNR cites important Constitutional provisions on social justice and policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

36. Yet MTPDPs particularly since the mid-1980s have been implementing policies of trade and investment liberalization, privatization and deregulation.

37. The report fails to recognize the possibility of conflict between such policies and the fulfillment of human rights.

38. CONCLUSION

39. No amount of diplomatic language, verbose formulations, technical mumbo jumbo can razzle dazzle the persecuted and hungry people and smokescreen the failure of the Philippine government to effectively and sincerely fulfill its pledges and commitments as a member of the UN Human Rights Council.

40. The Philippine government does not deserve to sit in the UNHRC.

41. “…it is unacceptable that the Government of the Republic of the Philippines is a member of the UNHRC because it undermines the credibility of the UN in this field; is an intolerable offense to the victims; and is a denial of the many well documented denunciations of the dramatic violations of human rights in the Philippines.” -- Permanent Peoples’ Tribunal, Second Session in the Philippines

42. It is a source of inordinate embarrassment that the Philippine government is churning all these lies and hypocrisy masquerading through an idyllic, rosy image of the country’s rights record before the international community of nations.

43. CRITIQUE OF THEPHILIPPINE NATIONAL REPORT

44. A forum on the People’s Universal Periodic Review Agenda KARAPATAN * Hustisya * Desaparecidos * National Council of Churches in the Philippines * BAYAN * IBON Foundation * Bayan Muna * IPHR-Monitor * GMA Watch