MOTION FOR A RESOLUTION on cases of impunity in the Philippines
12.6.2012 - (2012/2681(RSP))
pursuant to Rule 122 of the Rules of Procedure
Véronique De Keyser, Marc Tarabella, Pino Arlacchi on behalf of the S&D Group
See also joint motion for a resolution RC-B7-0308/2012
The European Parliament,
_ having regard to the UN Human Rights Council Universal Periodic Review of the Philippines that took place on 29th May 2012,
_ having regard to the UN Covenant on Civil and Political rights and the Additional Protocol thereto to which the Philippines are signatory,
_ having regard to the European Commission's Country Strategy Paper 2007-2013 for the Philippines,
_ having regard to the Financing Agreement for the EU-Philippines Justice Support Programme intended to speed up judicial proceedings against the perpetrators of extrajudicial killings, signed in October 2009,
_ having regard to its previous resolutions on the Philippines, notably the one of 21 January 2010,
– having regard to Rule 115(5) of its Rules of Procedure,
A. whereas on 23 November 2009 100 armed men from a local militia led by the Ampatuan family, including officials of the local police force, tortured and brutally murdered 57 persons including women and journalists in Maguindanao province in Mindanao,
B. whereas the trial of the persons accused of committing the Maguindanao massacre in November 2009 began on September 8 2010 in Manila; whereas Andal Ampatuan and several of his sons are among 64 people on trial for the massacre while about 100 other suspects are still at large;
C. whereas Esmail Amil Enog, an employee of the Ampatuan family of Maguindanao, went missing in March 2012 after testifying in court that he had driven the armed militia members to a site where 57 victims were killed; whereas his dismembered body bearing traces of torture was found on 31 May;
D. whereas he is a third witness to the Maguindanao massacre killed since the beginning of the trial; whereas other witnesses and their families continue to face threats and are being offered bribes to refrain from testifying;
E. whereas after the Maguindanao massacre the government established an Independent Commission against Private Armies to dismantle private militias, without achieving any concrete results; whereas President Aquino has failed to revoke Executive Order 546 used to authorise the operations of armed civilian units, despite earlier electoral promises;
F. whereas extrajudicial killings and enforced disappearances have significantly declined since President Benigno Aquino III took office in 2010, however the government's ability to effectively combat widespread impunity of the perpetrators of such acts and tackle the politically motivated violence in the country remains insufficient;
G. whereas according to the May 2011 report of the Independent Commission Against Private Armies there are at least 72 active private armed groups in the country;
1. Reiterates the condemnation of the brutal killing on 23 November 2009 and expresses its dismay at the torture and death of yet another witness of the Mindanao massacre:
2. Expresses its serious concern about judicial independence and slow convictions for human rights violations in the country and calls for an immediate and independent investigation into the murder of Esmail Enog;
3. Calls on the responsible authorities in the Philippines prosecuting the perpetrators of the Mindanao massacre to arrest the remaining suspects still at large, including members of security forces and bring them to justice without delay;
4. Urges the government to immediately prohibit and disband paramilitary forces and local militias and to establish full military and police control over armed civilian units, namely Civilian Armed Forces Geographical Units and Civilian Volunteer Organisations;
5. Urges the state authorities to establish, under the Commission on Human Rights, a specialised program for witness and victim protection, including for families of victims, in cases involving serious human rights violations, particularly when the alleged perpetrators are soldiers, police or state officials.
6. Calls on the government to take decisive steps in order to end extrajudicial killings and disappearances, to release all disappeared who are still in captivity and to shed light on all other unresolved cases; urges the government to ratify the UN Convention on Forced Disappearances;
7. Calls on the government to undertake concrete steps following the recommendations made to the Philippines during the recent Universal Periodic Review, especially those relating to extrajudicial killings and enforces disappearances; urges the government to revoke the Executive Order 546;
8. Instructs its President to forward this resolution to the EU High Representative for Foreign Affairs and Security Policy, the President and Government of the Philippines, the United Nations High Commissioner for Human Rights and the governments of the ASEAN Member States.