MOTION FOR A RESOLUTION

24.4.2007

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Gintaras Didžiokas, Michał Tomasz Kamiński, Adam Bielan
on behalf of the UEN Group
on the human rights situation in the Philippines

NB: This motion for a resolution is available in the original language only.

B6‑0185/2007

European Parliament resolution on the human rights situation in the Philippines

The European Parliament,

• -having regard to the preliminary report of the UN Special Rapporteur on Extrajudicial Executions, Philip Alston, of 22 March 2007,
• -having regard to the findings of the Melo Commission and those of the Task Force Usig appointed by the Philippines President,
• -having regard to the statement of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, of 12 March 2007,
• -having regard to its previous resolutions on the Philippines,
• -having regard to Rule 115(5) of its Rules of Procedure,

A.  whereas over the past six years a worryingly large number of extrajudicial killings has been reported;

B.  whereas most of these extrajudicial killings have not been prosecuted and its authors have not been identified by the police and neither brought to justice;

C.  whereas the Government of the Philippines has recently stepped up efforts to tackle the problem by appointing a high-level independent commission to investigate the problem, headed by retired judge Jose Melo, and a national-level police task force to investigate alleged killings and bring prosecutions (Task Force Usig), as well as by ordering a range of other initiatives;

D.  whereas the Melo commission found that "elements in the military" were responsible for the deaths of some activists;

E.  whereas the climate of impunity continues to have a serious, corrosive impact on public confidence in the administration of justice and the rule of law;

E.  whereas on 6 March 2007 the President of Philippines signed into law the bill titled "The Act to Secure the State and Protect our People from Terrorism", otherwise known as the "Human Security Act", the implementation of which could have a negative impact on human rights in the country and which undermines the rule of law;

1.  Is deeply concerned at the growing number of extrajudicial killings over the recent years in the Philippines and the fact that they have not been followed up by proper investigations by the police and judiciary;

2.   Welcomes recent actions undertaken by the Government to investigate and prevent killings, including the appointment of a high-level independent investigatory commission (the Melo Commission), a national-level police task force (Task Force Usig), and other initiatives;

3.  Calls on the Government to investigate in more detail the role of army forces in orchestrating and perpetrating such killings; calls particularly in this respect on the Ombudsman to take seriously its constitutional role in responding to extrajudicial killings attributed to public officials;

4.  Is also concerned about the recently adopted "Human Security Act" aimed at preventing terrorism that allows for arrest without warrant and arbitrary detention up to 3 days and could lead to abuses and torture in police and military detention centres; calls in this respect upon the government of the Philippines to undertake concrete protection measures to avoid human rights abuses that could result from application of this law;

5.  Considers that the forthcoming election in May 2007 for the National Assembly and Senate is an important test case for the legitimacy of the President;

6.  Instructs its President to forward this resolution to the Council, the Commission, the President and the government of the Philippines, the UN Secretary General, the UN High Commissioner for Human Rights and the governments of the ASEAN Member States.