We members of civil society groups critically engaged with the UN Joint Program: Technical Cooperation and Capacity-building for the Promotion and Protection of Human Rights in the Philippines (2021 – 2024) (UNJP) in the Philippines express our concern on the pace and manner of its implementation.
Acknowledging the HRC Resolution 41/2 adopted on June 2019 which required the Office of the High Commissioner for Human Rights to prepare a comprehensive report on the Human Rights situation in the Philippines and the eventual adoption of another resolution the HRC 45/33 which establishes the UNJP.
The UNJP signed in July 2021, “provides technical assistance and capacity building for reforms in six key areas, including: domestic investigative and accountability measures; data gathering on alleged police violations; the establishment of a national mechanism for reporting and follow-up; civic space and engagement with civil society and the Commission on Human Rights; counter-terrorism legislation; and human rights-based approaches to drug control.”
As the first-ever national joint program on human rights, the UNJP is considered a critical milestone, as it is expected to promote trust-building and constructive engagement between the Philippine government and civil society on human rights promotion and protection in the Philippines.
More than a year has passed since the establishment of the UNJP and to date there have been no significant achievements made in the area of technical cooperation and capacity building.
Human Rights Council (HRC) Resolution 45/33 underlined the importance for the Government to ensure accountability for human rights violations and abuses, and in this regard to conduct independent, full and transparent investigations and to prosecute all perpetrators of serious crimes, including violations and abuses of human rights, in accordance with due process under national courts of law and in full compliance with its international human rights obligations.
While the Philippine government claimed to take decisive steps in addressing the human rights violations in relation to its war on drugs when the Department of Justice conducted a review of 52 cases involving police abuses, however, access to justice for victims of human rights violations and abuses remained very limited. Institutional and structural shortcomings in law enforcement and the judiciary remained, despite efforts to address some cases. These shortcomings included limited oversight of human rights investigations, inadequate investigation capacity and inter-agency cooperation, limited forensic capacity and protracted judicial processes. Inadequate victim and witness support and protection and fear of reprisals also impacted victims’ engagement.
While the UNJP implementation is taking its course within the next two years, we encouraged the UNHRC member states to effectively consider a just course of action that matches what has and continues to happen in the Philippines. Continued UN scrutiny on the human rights situation in the Philippines is vital as extrajudicial killings and other grave human rights violations and abuses are continuing including harassment and legal persecution of activists, environmental rights defenders, journalists and human rights defenders, while the culture of impunity remains the norm.
Like other groups, we therefore seek for the enhancement of the UNJP to include direct accountability action, the establishment of a Commission of Inquiry, through a stronger resolution.
It is a considerable contradiction that a Technical Cooperation program is proceeding and reported that the government took some initiatives to advance accountability for human rights violations however the same policies on drug war and war on terror have been affirmed and pursued by the new administration.
We are concerned at reports by the International Criminal Court, Office of the Prosecutor (ICC-OTPO) that the Philippine government has not conducted progressive investigations or is conducting national investigations into drug war killings under former president Rodrigo Duterte.
Following the reply of the ICC-OTP shows unwillingness by the Government of the Philippines to investigate high-level officials despite findings and evidence suggesting the systematic attack on civilians and that the true extent of the drug war could be far bigger than what the government has disclosed. The forensic evidence raised questions about whether government authorities were complicit in a cover-up of the crimes under the drug war campaign and condoned by high-level government officials.
The inquiry by the UN HRC will greatly complement efforts for justice at the ICC. Since not all cases of extrajudicial killings are within the temporal jurisdiction of the ICC because of the Philippines withdrawal from the Rome Statute.
We are disturbed by the apparent lack of seriousness from the government side in its participation in the joint program.
All civil society groups involved in the UNJP noted a tremendously slow uptake in its implementation, particularly due to the uncooperativeness of the government.
We are deeply concerned by the waste of resources for a program that has yet to be taken seriously and wholeheartedly committed to by all stakeholders. If the very slow pace continues then we can expect no significant accomplishment by July 2024.
In the meantime, extrajudicial killings and other human rights violations continue even with a joint program. It proves exactly our apprehension that the joint program was never designed nor intended to stop the killings.
The Government took initial steps towards investigating some killings in the context of anti-drug operations, but during the reporting period, these steps did not result in convictions.
It is unfortunate that the joint program is being used to window dress the stained reputation of the Philippines in the international community.
Justice and accountability remain elusive for the victims of the war on drugs and the war against human rights defenders The situation continues to deteriorate with every tick of time.
Sadly, at this stage we can only say “it has been weighed and found wanting.”
Signed by:
- Philippine Alliance of Human Rights Advocates (PAHRA) – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- Task Force Detainees of the Philippines (TFDP) – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- Medical Action Group (MAG) Inc. – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- Families of Victims of Involuntary Disappearance (FIND) – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- In Defense of Human Rights and Dignity Movement (iDEFEND)- member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- Karapatan Alliance for the Advancement of People’s Rights – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- National Council of Churches in the Philippines (NCCP) Ecumenical Voice for Human Rights and Peace in the Philippines – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- National Union of People’s Lawyers (NUPL) – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- IBON FOUNDATION – member of the Technical Working Group 3 (TWG3) on strengthening CHR and CSOs
- Children’s Legal Rights and Development Center (CLRDC), convener of the iDEFEND Campaign Working Group on War on Drugs.
- Conference of Major Superiors in the Philippines (CMSP)
- Justice, Peace and Integrity of Creation Commission- Order of Carmelites, Philippines (JPICC- O.Carm. PH)
- Franciscans Solidarity Movement for Justice, Peace and Integrity of Creation, Philippines (FSM JPIC)
- Philippine Coalition for the International Criminal Court (PCICC)