Canadian Union of Postal Workers (CUPW) letter to the Hon. Maxine Bernier

Canadian Union of Postal Workers
377, rue Bank Street, Ottawa, ON K2P 1Y3. www.cupw-sttp.org

1301-A-100
May 6, 2008

The Hon. Maxime Bernier
Minister of Foreign Affairs
125 Sussex Dr.
Ottawa, Ontario K1A-OG2

Dear Minister Bernier,

Re: Harassment of Rep. Satur Ocampo and Two Other Members of Philippine Congress

On behalf of the 55,000 members of the Canadian Union of Postal Workers (CUPW), I am writing you to urgently request Canada's intervention with respect to the murder charges against Rep. Satur Ocampo and two other members of the Philippine House of Representatives.

The charges were filed on April 18 upon Mr. Ocampo's return from a visit in Canada, during which he appeared as a witness before the House of Commons Sub-Committee on International Human Rights. We are especially concerned about this development because Mr. Ocampo was also an international guest at CUPW's 23rd Triennial Convention during the week of April 13 to 17, along with two other Philippine parliamentarians, Mr. Crispin Beltran and Ms. Luz Ilagan.

The two parliamentarians who are charged with Mr. Ocampo are Rep. Teodoro Casino and Rep. Liza Maza who were also returning from travel overseas during which they spoke about the human rights situation in the Philippines. Mr. Casino was in Geneva for the United Nation's Universal Periodic Review of the Philippines and both he and Ms. Maza attended the Inter-Parliamentary Union Assembly in South Africa where they reported on the continuing cases of political harassment against them.

CUPW believes that the Philippine Inter-Agency Legal Action (IALAG) is behind these charges in order to punish Mr. Ocampo and his Party List colleagues for daring to speak to the international community about the human rights abuses in the Philippines and for urging Canada and other governments to take action to ensure these abuses cease, particularly the extrajudicial killings and enforced disappearances of activists. The IALAG, headed by National Security Advisor Mr. Norberto Gonzales, is named in the report of the UN Special Rapporteur, Prof. Philip Aston, as responsible for the filing of spurious charges against progressive opposition leaders.

CUPW has been made aware that this is not the first time that bogus charges have been used to harass Mr. Ocampo and other Party list legislators:

• On february 2007, Mr. Ocampo was arrested and detained for 18 days during an ongoing election campaign on charges of murders he allegedly committed in 1989. The Supreme Court dismissed the case.
• In 2006, "rebellion" charges were also dismissed against Representatives Ocampo, Casino, Beltran and Maza. Each of them spent two months under the protective custody of the Philippine Congress to prevent their arrest while Beltran was put under hospital arrest.

We are gravely concerned about the safety of these Members of Congress. These charges have been laid amidst the continuing and alarming climate of political killings, enforced disappearances and government inaction to end impunity. We strongly condemn the harassment and threat of arrest of Rep. Satur Ocampo and his co-accused parliamentarians.

CUPW therefore adds its voice to that of ther unions, human rights organizations, faith groups and social justice coalitions who are urging the Canadian government:

1) To send a representative from the Embassy in Manila to the May 12th hearing of Mr. Ocampo and his co-accused parliamentarians and to have the embassy continue to monitor the threat against them;

2) To express concern and condemn the ongoing harassment of Mr. Ocampo and these members of the opposition in a strong public statement;

3) To call on the Government of President Arroyo to implement the recommendations of the UN Special Rapporteur, and in particular the recommendation to abolish the Itner0Agency legal Action Group.

We further request that a report on this situation be presented to the members of the House of Commons Subcommittee on Inetrnational Human Rights, who met with the Philippine legislators during their visit to Canada.

Sincerely,

(SGD) Dennis Lemelin
CUPW National President

cc: Members of the house of Commons Sub-Committee on International Human Rights:
Mr. Scott Reid Hon. Jason Kenney
Mr. David Sweet Hon. Irwin Cotler
Mr. Mario Silva Ms. Diane Bourgeois
Mr. Wayne Marston

Paul Dewar, NDP M.P.
Ken Georgetti, President, Canadian Labour Congress
CUPW National Executive Committee
CUPW National Union Representatives
Specialists

The Canadian Union of Public Employees (CUPE) open letter

Open letter protests harassment of Filipino Congress member

May 5, 2008 06:28 AM

CUPE has added its name to an open letter addressed to the Philippines government, condemning the harassment of Satur Ocampo, one of three members of the Philippines Congress on their return from an April visit to Canada to expose human rights abuses.

"We are seriously concerned for his safety" and that of Crispin Beltran and Luz Ilagan," the letter said. The three Congress members informed the Canadian public, media and members of Parliament at the Commons Subcommittee on International Human Rights that more than 900 extrajudicial killings and 180 enforced disappearances have occurred under the government of president Gloria Macapagal Arroyo.

"We view the timing of these events as punishment by the Philippines government for Ocampo’s courageous and principled stand against the ongoing human rights abuses in the Philippines – particularly the extrajudicial killings and enforced disappearances – that he and the two other elected legislators aired before the Canadian Parliament and the Canadian media," the letter added.

During the Ottawa leg of their visit, they met with CUPE equality branch director Anne Mcgrath and other union representatives among others.

The latest IPU Resolution on Batasan Six

Resolution adopted unanimously by the IPU Governing Council at its 182nd session (Cape Town, 18 April 2008)

110

PHILIPPINES
CASE No. PHI/01 - CRISPIN BELTRÁN CASE No. PHI/04 - TEODORO CASIÑO
CASE No. PHI/02 - SATURNIÑO OCAMPO CASE No. PHI/05 - LIZA MAZA
CASE No. PHI/03 - JOEL VIRADOR CASE No. PHI/06 - RAFAEL MARIANO

Resolution adopted unanimously by the IPU Governing Council at its 182nd session (Cape Town, 18 April 2008)

The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Crispin Beltran, Mr. Saturniño Ocampo, Mr. Joel Virador, Mr. Teodoro Casiño, Ms. Liza Maza and Mr. Rafael Mariano, who, apart from the latter, are all incumbent members of the House of Representatives of the Philippines, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/182/12(b)-R.1), and to the resolution adopted at its 181st session (October 2007),

Referring also to the Committee's report on its mission to the Philippines carried out from 18 to 21 April 2007, Taking into account the information and documents provided by the source at the hearing held on the occasion of the 118th IPU Assembly (April 2008), Inter-Parliamentary Union – Reports, Decisions, Resolutions and other texts 111

Recalling that on 1 June 2007 the Supreme Court dismissed the rebellion charges that had been brought in February 2006 against the incumbent and former parliamentarians concerned as being politically motivated and that, as a result, Mr. Crispin Beltran, who had been arrested on 25 February 2006, was released; that those charges had been brought by the Inter-Agency Legal Action Group (IALAG), set up for the purpose of targeting perceived or supposed enemies of the State, and that the political parties to which the parliamentarians concerned belong and they themselves are regarded as such by that Group,

Recalling that, during the Committee's mission, the Assistant Chief State Prosecutor stated that the incitement to sedition case, which had initially been brought against Mr. Beltran, had been quashed; considering in this respect, however, that while the judge at the time had set aside his arraignment in this case on the ground of a pending motion for cancellation of arraignment, a new judge, Judge Manuel Sta. Cruz, on 10 July 2007, decided that the case against him should be continued and ordered his immediate arraignment, despite the pending appeal against the court order to proceed with the case; that Mr. Beltran has moved for the nullification of his arraignment and for the recusal of the judge; recalling that Mr. Beltran strongly denies having made the alleged seditious statement at a rally on 24 February 2006, a fact which media coverage and witness statements could easily prove, but that the prosecution dismissed this defence argument during the inquest proceedings,

Recalling further that, on 16 February 2007, a multiple murder case was brought against Mr. Ocampo and others, that he was arrested on 16 March 2007 and subsequently released on bail by the Supreme Court on 3 April 2007 pending the Court’s decision on his petition for certiorari and prohibition; noting that the Supreme Court has not yet ruled on the petition,

Recalling that, in January 2007, a disqualification case was brought against the political parties of the parliamentarians concerned on the basis of yet another murder case (Nueva Ecija case) whereby the parliamentarians concerned, apart from Mr. Beltran, allegedly conspired together and planned the elimination of the supporters of another political party, Akbayan, an accusation which they strongly refute; considering that while the Commission on Elections (COMELEC) dismissed the disqualification petitions for “lack of merit”, the murder case is proceeding and that the panel of public prosecutors submitted it for resolution on 14 November 2007; that, according to the sources, the due process rights of the defendants have been seriously violated in the preliminary investigation insofar as the prosecutors denied their request for a clarification hearing, which was necessary in their view to establish the identity of the complainants who appeared with covered faces throughout the investigation phase, to clarify inconsistencies in their statements, and to verify whether their statements were voluntary since they are in the custody and under the control of the military; noting that the cases were submitted for resolution by the prosecution on 14 November 2007 and that, although public prosecutors are required to resolve cases within 60 days after their submission for resolution, this has still not occurred,

Considering that, on 17 May 2007, Mr. Casiño was charged with obstruction of justice for allegedly preventing the arrest of an alleged CPP/NPA member, Mr. Vincent Borja; noting in this respect, however, that according to the sources, given the incidence of extrajudicial executions and abductions implicating the military, Mr. Casiño wanted to ensure respect for the right to liberty and security of the person concerned for whom the soldiers, who were not in uniform, had no arrest warrant, by asking the soldiers to present a warrant and accompany the arrested person to a military camp until he was transferred to the police; the Office of the City Prosecutor has yet to give its ruling on the matter,

Considering lastly that in March 2008 a petition for Writ of Amparo was filed against top officials of the CPP and Mr. Ocampo, which is pending at the Regional Trial Court of Basey, Western Samar, Branch 30, in connection with the alleged abduction of Ms. Elizabeth Gutierrez by communist rebels on 24 October 2007; a Writ of Amparo is designed to providing victims of extrajudicial killings and enforced disappearances the protection they need and the promise of vindication for their rights;

however, according to the source, the petition in this case has been filed with strong intervention from Inter-Parliamentary Union – Reports, Decisions, Resolutions and other texts

the military or State forces with the intention to abuse the use of the Writ of Amparo; in this respect, Lt. Col. Jonathan Ponce, Commanding Officer of 67th Infantry Battalion was quoted as saying: “This [the petition] could be a test case of the effectivity of the Writ of Amparo. They have used this against us.

We will apply the same to them.”,

Bearing in mind that, in the report on his mission to the Philippines, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions recommended inter alia that the IALAG be abolished, that the criminal justice system refocus on the investigation and prosecution of those committing extrajudicial executions and other serious crimes, and that the Supreme Court exercise its constitutional powers over the practice of law to impress upon prosecutors that they have a duty to the public to uphold and protect human rights by acting to ensure the effective investigation of cases and protection of witnesses, and that they should provide reasoned decisions for probable cause determinations,

1. Remains deeply concerned at the various criminal cases still pending against the parliamentarians concerned, in particular the fact that a new case had been brought againstRepresentative Casiño for what appears to have been merely his attempt to prevent an arbitrary arrest and ensure compliance with the law, which constitutes nothing more than exercising his duty as a member of parliament; is also concerned that a Writ of Amparo is now allegedly being used in bad faith against Mr. Ocampo;

2. Fears, given the political motivation behind the previous rebellion charges brought against the parliamentarians, that all these proceedings are part of an ongoing effort by the Government, inter alia through IALAG, aimed at removing them and their political parties from the democratic political process;

3. Remains confident that, in dealing with these cases, the prosecution and judicial authorities will abide by their duty not to proceed with any case on the basis of political considerations, recalls in this respect the Supreme Court’s ruling in the rebellion case in which it reiterated “the importance of maintaining the integrity of criminal prosecutions in general and preliminary investigations in particular” and stated the following: “We cannot emphasize too strongly that prosecutors should not allow, and should avoid giving the impression that their noble office is being used or prostituted, wittingly or unwittingly, for political ends”;

4. Wishes to be kept informed of the proceedings in the cases in question, including, where appropriate, through the intermediary of a trial observer;

5. Calls on the House of Representatives to exercise its oversight power and to monitor closely the proceedings in the cases in question in order to ensure due administration of justice;

6. Also calls on the authorities, and in particular on both houses of Parliament, to ensure follow-up to the recommendations of the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, and would appreciate information on parliamentary action taken to this end;

7. Notes finally that Mr. Joel Virador, who is no longer a member of parliament, has no further charges pending against him; consequently decides to close his case;

8. Requests the Secretary General to convey this decision to the competent authorities, including the National Human Rights Commission, and to the other parties concerned;

9. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 119th Assembly of the IPU (Geneva, October 2008).

Ka Satur presentation before the Standing Committee on Foreign Affairs and International Development in Canada

Impunity for the Killings in the Philippines must End
Brief Presentation before the Standing Committee on Foreign Affairs and International Development
Parliament of Canada
Ottawa, Canada
April 15, 2008

By Rep. Satur C. Ocampo

Deputy Minority Leader, House of Representatives, Philippines

On November 28, 2007, United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Prof. Philip Alston released his final report on the spate of extrajudicial killings in the Philippines which had been occurring at an alarming rate over the past six years.

From this representation’s view, the Alston report is a well-documented and well-argued rebuke on the Arroyo government’s complicity, through the institutional arrangements that have permitted the killings to continue, and its failure to stop them.

Prof. Alston points to the Philippine military’s “state of denial” over the numerous cases of extrajudicial killings that involved its soldiers. The 900 documented cases to date of extrajudicial killings and 180 cases of enforced disappearances mostly of leftist activists have been attributed to state security forces and are widely believed to have been sanctioned by the Arroyo government through its counter-insurgency program.

Prof. Alston scrutinizes two “policy initiatives” of the Arroyo government that are “of special importance to understanding why the killings continue.” “First, the military’s counter-insurgency strategy against the CPP/NPA/NDF increasingly focuses on dismantling civil society organizations that are purported to be CPP front groups.” “Second…the criminal justice system has failed to arrest, convict, and imprison those responsible for extrajudicial executions. This is partly due to a distortion of priorities that has law enforcement officials focused on prosecuting civil society leaders rather than their killers.”

Thus the Alston report recommends, as top essential measure, that “extrajudicial executions must be eliminated from counterinsurgency operations.” It specifically calls for the following:

1. As Commander-in-Chief of the armed forces, the President must take concrete steps to put an end to those aspects of counterinsurgency operations which have led to the targeting and execution of many individuals working with civil society organizations.

2. The necessary measures should be taken to ensure that the principle of command responsibility, as it is understood in international law, is a basis for criminal liability within the domestic legal order.

3. The Government should immediately direct all military officers to cease making public statements linking political or other civil society groups to those engaged in armed insurgencies. Any such characterizations belong solely within the power of the civilian authorities. They must be based on transparent criteria, and conform with the human rights provisions of the Constitution and relevant treaties.

4. Transparency must be introduced to the “orders of battle”, “watch lists”, and similar lists of individuals and organizations maintained by the AFP, PNP, and other elements of the national security system.

The report also recommends the abolishment of the Inter-Agency Legal Action Group (IALAG), which was formed by President Arroyo on January 17, 2006 mainly to build and file spurious charges of rebellion and criminal offenses against leaders and members of people’s organizations and political parties critical of the government. In fact, this representation is a victim of these politically motivated trumped-up charges.

According to Prof. Alston, “The most deleterious role played by the IALAG bodies, may however, be to encourage prosecutors to act as team players with the AFP and PNP in its counter-insurgency operations and to de-prioritize cases involving the deaths of leftist activists.”

None of these recommendations have been carried out by the Arroyo government. Even the government’s own fact-finding body, the Melo Commission, has recommended the investigation of a notorious military officer implicated in the killings but no such action has been taken to date.

The resolute efforts of human rights and people’s organizations, religious groups, and progressive political parties to document cases and bring them up to the United Nations, international bodies, governments and Parliaments paid off in 2007. The responses through strong international criticisms on and appeals to the Arroyo government and the initiatives of the Philippine Supreme Court – after calling an unprecedented national summit on extrajudicial killings and enforced disappearances in July 2007 -- to institute mechanisms for the protection of human rights through the Writ of Amparo and the Writ of Habeas Data have largely contributed to the noticeable decline in the killings and abductions, since the beginning of 2008.

I emphasize decline, not a stop to the killings and abductions. The repeated announcements of President Arroyo and the chief of the Armed Forces of the Philippines that they will unrelentingly pursue the counterinsurgency program billed as “Oplan Bantay Laya” until 2010 bodes continued, or intensified, extrajudicial killings, enforced disappearances and other human rights violations.

Worse – and this is what I wish to highlight in this short presentation – the climate of impunity continues to pervade in the country as the perpetrators of the killings and abductions remain scot free. The victims and their families continue to cry out for justice.

I must point out that this climate of impunity on human rights violations started in the dark days of martial law under President Ferdinand E. Marcos (1972 – 1985). Succeeding governments have failed to resolve this impunity that has worsened under the Arroyo government.

In this light, I appeal to you, my fellow parliamentarians, to urge the Canadian government to:

1. Call on the Philippine government to decisively hold accountable those responsible for the killings and enforced disappearances;

2. Urge the Philippine government to implement the recommendations of the Alston report, not limited to those cited in this presentation;

3. Urge the Philippine government to abandon its counterinsurgency program that regards activists as “enemies of the state” and are therefore subject to outright attacks and annihilation by government troops and agents;

4. Call on President Arroyo to immediately certify the enactment of pending legislations in Congress that penalize enforced disappearances, torture and define the command responsibility of military officers whose troops are involved in the commission of such offenses;

5. Call for a review of Canadian aid to the Philippine government to determine if funds may have been funneled for the commission of human rights violations against civilians by state security forces and agents, and to base further aid on the implementation of the Alston report recommendations and the overall improvement of the human rights situation.

6. Call on the Philippine government to provide aid for the victims and families of extrajudicial killings and enforced disappearances and support efforts of non-government organizations to protect and promote human rights, and put an end to the killings and abductions.

7. Request the Canadian government to inform the Standing Committee on Foreign Affairs and International Development on the actions it has taken on the preceding six points.

Thank you for this opportunity to interface with you. I will gladly answer questions and welcome comments from you. #