In the Philippines, if someone kills somebody, he can be charged with the crime of murder. If the criminal is smart and just makes his victim disappear from the face of the earth, he cannot be charged with any crime because there is no body to prove murder.
That’s why nobody has been charged for the disappearance of Jonas Burgos, activist –farmer and son of press freedom crusader Jose Burgos, Jr, since he was abducted by what appeared to be members of the military April 28, 2007. The same is true with the case of University of the Philippines students Karen Empeno and Sherlyn Cadapan who were picked up by members of the military from their boarding house while they were doing field work on June 26, 2006.
In the case of the six workers of Paper Industries Corporation of the Philippines (PICOP) workers abducted on October 14, 2000 by members of the 62nd Infantry Battalion, 8th Infantry Division of the Philippine Army and remain disappeared up to this day, Corporal Rodrigo Billones has been convicted but of kidnapping and serious illegal detention. Despite strong evidence, he was not charged with enforced disappearance due to the absence of an anti-enforced disappearance law.
The Asian Federation Against Involuntary Disappearances and Families of Victims of Involuntary Disappearance, two organizations working for an end to this abominable practice has documented some 2,000 cases of enforced and involuntary disappearances and the number continues to increase.
It is a source of frustration for human rights advocates that in a civilized world, the process of putting an end to such an uncivilized practice moves so slowly. That’s why they applaud the imminent entry into force of the International Convention for the Protection of All Persons from Enforced Disappearance made possible by the ratification by Iraq last week of the treaty, which will come into force on 23 December 2010.
Mary Aileen D. Bacalso, AFAD secretary general, said “the forthcoming entry into force of the Convention is a symbolic tribute to all the desaparecidos of the world who were plucked from the bosom of their families and continue to be deprived of their most basic right to life, liberty and many other basic human rights.”
Iraq being the 20th signatory bears significance because of its traumatic experience in its struggle to regain democracy. It has outstanding cases of disappearances way back during the regime of Saddam Hussein.
AFAD and FIND had hoped for the Philippines to get that distinction. They made the appeal to President Aquino during their meeting with him last October.
A source who was present in the meeting said he sensed the sincerity of the President about the issue of human rights but it was apparent that he did not have a good grasp of the issue. He promised, though, to study the international treaty and mentioned the possibility of codifying the crime of enforced disappearance through the enactment of an anti-enforced disappearance law.
“The UN Convention For the Protection of All Persons from Enforced Disappearance is a concrete legal measure which, when put in place, can be a powerful tool to help strengthen governments’ capacities to eradicate disappearances, punish the perpetrators and provide truth, justice, redress, reparation and historical memory to victims and their families,” Bacalso said.
Lawyer Harry Roque said since the Philippines has not signed and ratified the treaty, Filipino citizens cannot yet avail of its protection.
It’s probably benign neglect that the Philippine government under the Aquino administration has not yet signed and ratified the treaty. Someone should remind the President of it.
