23 November 2012
Letter to President Benigno S. Aquino III: Ampatuan Massacre – Why no action?
President Benigno S. Aquino III
1610 J.P Laurel St.
November 23, 2012
Ampatuan Massacre – Why no action?
Dear President Aquino,
Three years have passed since the massacre of 58 people including 32 of our journalist colleagues near Ampatuan Town, Maguindanao.
You will recall that shortly after your inauguration, on June 30 2010, we sent you a 13-point action plan that we urged you to implement in order to meet your election campaign promise to addressing the problem of impunity in the Philippines.
We must confess that, as representatives of the international community of journalists, we are deeply disappointed at your lack of any meaningful action.
Today’s anniversary of the massacre serves to remind us all of how little has been done to bring justice for those who have been murdered and to end the decades-long culture of impunity that continues to stalk the Philippines. The proceedings to bring those responsible for the Ampatuan Massacre moving with extraordinary slowness through the judicial system. Of the 196 accused, 93 are still at large, one suspect has already died, only 76 have been arraigned, 55 accused have filed a petition for bail, and none have been convicted. Three witnesses have been killed.
It is estimated that, at its current pace and with the number of motions filed by the defence, the Ampatuan trial will take a minimum of 24 years before a result is achieved – a mockery that insults the memory of the dead and seriously questions the resolve of the authorities to see that justice is done.
During your term as president, we have also seen a further 14 journalists murdered, five this year alone (the most recent was the murder of reporter broadcaster Julius Cauzo on November 8 in Cabanatuan City) as the culture of impunity thrives and ensures that those in power feel safe in the knowledge that nothing will ever stop them should they wish to forever silence journalists who are merely doing their job.
We wish to urge you to use this dread anniversary as an opportunity for a new beginning, a broad government effort to ensure the Philippines turn a new page and ends the impunity that has plagued your country for decades. We join our colleagues in the Philippines in hoping for change and call on you to find the resolve to make it happen.
With that goal in mind, we once again ask you to consider the Action Plan to end impunity submitted to your office by the International Federation of Journalists (IFJ) and its affiliate, the National Union of Journalists of the Philippines (NUJP), (see the attached original 2010 letter or go to: http://asiapacific.ifj.org/en/articles/ifj-action-plan-for-president-aquino-to-end-impunity-in-the-philippines).
Under United Nations Security Council Resolution 1738 (2006), which requires governments to actively protect journalists and media workers in areas of conflict within national borders, your government is obliged to ensure the safety of media personnel as civilians.
With this in mind, we again call on you to ensure your Government and police and security forces act on their responsibilities to bring the perpetrators and instigators of the November 23 atrocity to account, without further delay, and to act now to end the culture of impunity that has plagued the Philippines for so long.
We sympathise deeply with the families of the victims and our colleagues from the Philippines journalism community, and trust you will do all in your power to assist them to see justice is achieved.
International Federation of Journalists
President Benigno S. Aquino III
1610 J.P Laurel St.
June 30, 2010
RE: Journalists’ Rights and Impunity in the Philippines
Dear President Aquino,
Congratulations on taking office today.
We write regarding the ongoing violations facing journalists in the Philippines on the eve of your inauguration. We are saddened to learn from our affiliate, the National Union of Journalists of the Philippines (NUJP), of three murders of media personnel in recent weeks. The killings are especially disturbing in consideration of the 32 journalists and media personnel killed in the Ampatuan Town Massacre last November and the 140 media personnel killed in your country since 1986.
The International Federation of Journalists (IFJ), representing more than 600,000 members in 125 countries, has a long and close working relationship with the media community in the Philippines, through the work of the NUJP. In the Philippines, we promote the rights of professional journalists, especially on issues of safety and press freedom. It is our view that a robust and independent media sector is essential to democracy and assurance of respect for universal human rights.
However, the long-running culture of impunity surrounding the deaths and violent assaults and intimidation of Filipino journalists pervades the Philippines, and is a significant impediment to the full realisation of these rights.
With respect, the IFJ reminds the Government of the Philippines of its obligations as a signatory to the Geneva Conventions of 12 August 1949 and to the 1997 Additional Protocol on the Protection of Victims of Non-International Armed Conflicts (Protocol II) to ensure the protection of journalists as civilians. Article 13 of Protocol II states: “The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.”
In addition, we draw your attention to United Nations Security Council Resolution 1738, which was adopted in 2006 and stresses the civilian status of journalists reporting in war zones and crisis areas within national borders. The resolution stipulates: “… that all parties to an armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel.”
Therefore, the Philippines Government is required by international law to remedy the current situation and redress the past injustices carried out against journalists. The recommendations that follow are based on close engagement with local organisations and the findings of an emergency mission the IFJ led in the immediate aftermath of the Ampatuan Town Massacre.
These recommendations serve as indicators which will be used by the IFJ and the NUJP, other international press freedom organisations, and the international community to assess the progress of the Government of the Philippines in meeting its responsibilities to protect journalists as civilians and to ensure justice is done for past gross abuses of the rights of media personnel.
1. Immediate prosecution of all perpetrators of the Ampatuan Town Massacre in Maguindanao on 23 November 2009. The trial or trials must be fully open and transparent so that the public may observe the proceedings without hindrance. There is to be no political interference in any aspect of the conduct of the cases.
2. The Government of the Philippines initiates immediately a full and open investigation into the involvement of Filipino military, police and government officials in the Ampatuan Town massacre. An independent and impartial investigator, endorsed by the Human Rights Commission of the Philippines, is appointed to lead the inquiry. All appropriate resources, including protection, are provided to ensure the investigator can do his/her work without hindrance. The investigator’s final report is completed by 1 December 2010 and tabled in the Congress.
3. The Government of the Philippines establishes an independent commission with full judicial powers to call witnesses to publicly inquire into repeated and ongoing instances of assaults, threats, intimidation, abductions, illegal detention and murder of journalists in the Philippines, and the reasons for the failure of authorities to take action against perpetrators. The terms of reference will be devised in consultation with the National Union of Journalists of the Philippines, the Human Rights Commission of the Philippines and other media groups. The commission’s recommendations will be made public and acted upon by the Government of the Philippines. The commission will be established by 1 October 2010 and will report to Congress by 30 June 2011.
4. Noting that 140 media personnel have been murdered in the Philippines since 1986, the Government of the Philippines in consultation with the Department of Justice, the Philippines National Police together with the National Union of Journalists of the Philippines and the Freedom Fund for Filipino Journalists, establishes an independent taskforce to implement credible judicial proceedings, endorsed by the Human Rights Commission of the Philippines and international legal experts, to fully investigate these cases and conduct prosecutions. Action initiated by 1 October 2010. The task force and proceedings will be funded by the Government of the Philippines. There will be full public disclosure of all evidence and official records.
5. Any new attacks on media personnel and human rights defenders (murder, assault, abduction, threats and intimidation) are immediately and credibly investigated. Perpetrators are swiftly brought to justice.
6. Where any new attacks on media personnel and human rights defenders (murder, assault, abduction, threats and intimidation) are reasonably suspected of links to state actors or associates, the Government of the Philippines will direct that such actors be stood down from their positions pending full and credible investigations. All information on such cases is publicly available. Perpetrators are swiftly brought to justice. The IFJ, its associates and other international organisations will closely monitor such cases.
7. The Government of the Philippines will issue a congressional statement in defence of the rights of journalists and the media, recognising the Philippines’ commitment to the Geneva Conventions, the Universal Declaration of Human Rights and United Nations Security Council Resolution 1738 and acknowledging the vital role journalists play in strengthening democracy by informing communities and scrutinising power.
8. The Government of the Philippines will legislate national laws that enshrine the sentiments of the above congressional statement, with specific reference to the Government’s commitment and responsibility to protect and defend the rights of journalists and the media, in accordance with the Geneva Conventions, the Universal Declaration of Human Rights and United Nations Security Council Resolution 1738.
9. The Government of the Philippines provides financial resources, with full transparency, to the families of all killed journalists for legal support and ongoing trauma counselling.
10. The Government of the Philippines acts to ensure the Freedom of Information Bill is passed by the Congress at the first sitting of the new Congress.
11. The Government of the Philippines commits itself not to pass any legislation or issue any executive order that will curtail press freedom and freedom of expression, and it will move to decriminalise libel at the first sitting of the new Congress.
12. The Government of the Philippines cooperates with the National Union of Journalists of the Philippines, the Human Rights Commission of the Philippines and media owners to develop and implement a sustained training program for police, military and government employees and elected office holders on the rights of journalists pursuant to the above international legal instruments. The program is fully resourced and activated by 1 December 2010.
13. The Government of the Philippines, in cooperation with the National Union of Journalists of the Philippines, the Human Rights Commission of the Philippines and media owners, initiates and conducts a series of public meetings in all provinces of the Philippines to raise awareness among the broader public of the rights of journalists in serving the public interest, and the Government’s commitment and responsibility to defend and uphold these rights. The meetings will form the basis of a national public awareness campaign in support of media freedom, democracy and human rights in the Philippines.
Again, we respectfully request that you use your authority as President to act on the grave concerns held by the IFJ and its affiliates around the world for the welfare of our colleagues in the Philippines, in the spirit of serving the best interests of all citizens of the Philippines.
Finally, the IFJ believes that media employers must commit themselves to providing journalists, especially those in the provinces, with fair treatment. Collective agreements between managements and workers in all media organisations should be concluded to provide for stability, safety and security in employment conditions. Structures of self-regulation and accountability toward the media audience should be strengthened. The media should aim to speak for all of the Philippines communities, rather than cater to narrow constituencies and special interests.
General Secretary, IFJ