The following is a joint statement by the Asian Forum for Human Rights and Development (Forum-Asia), Asian Legal Resource Centre, and International NGO Forum on Indonesia Development (INFID) at the 4th Session of the Human Rights Council on Tuesday, March 27, 2007:
Interactive Dialogue- Summary or Extra-judicial Executions in Asia
We would like to first highlight the ongoing political killings in the Philippines. We thank the Special Rapporteur for his vital visit to the Philippines in mid-February and all his other work, and hope that this Council will fully support and develop this key mandate.
The Melo Commission report has recently concluded that the military, and therefore the State, are responsible for many of the political, extra-judicial killings in the Philippines. NGOs claim that there have been over 800 such killings and 200 disappearances since 2001. We welcome the Rapporteur’s initial comments stating that the military remains in denial and that there is a need for political space, witness protection, credible investigations, and to restore accountability through functioning institutions of the rule of law and constitutional bodies. During this Council, the Philippines have stated that they are making “best efforts” to address these problems, but this has been the discourse for some time, with no effect on the plight of victims and their families in reality. Are such statements enough to satisfy this Council and the Rapporteur?
We are particularly shocked by the killing on March 10 of human rights defender Mrs. Siche Bustamante-Gandinao, who was interviewed by the Rapporteur during his visit. What is the Special Rapporteur’s reaction to this killing and what does he feel that the Philippines in particular, and the Council in general, should do to ensure that persons are safe to work with his and other mandates, and that the killings in the Philippines are brought to an end. Will the Rapporteur make efforts to monitor this case closely? We feel that this would be key.
Concerning Sri Lanka, we support the establishment of a broader international human rights monitoring mechanism, as existing domestic mechanisms, including recent ones established by the government, have failed to address past and ongoing violations.
We also note with concern that Sri Lanka has responded to only one of four recent communications sent by the Special Rapporteur. We seek his views on how he could assist the Sri Lankan government in addressing the continuing extra-judicial executions by various actors in the country.
Furthermore, is the Rapporteur addressing the high number of extra-judicial killings in Bangladesh, being perpetrated by the Rapid Action Battalion and other law enforcement agencies, with impunity, under the justification of “cross-fire” killings?
Finally, we would like to inform the Rapporteur that in Indonesia, on March 13, 2007, the members of the consultative committee of the Indonesian Parliament, decided that they will not send the cases of extra-judicial killings that occurred in Trisakti and Semanggi, Jakarta during 1998 and 1999 to the plenary session, where the decision as to whether the cases should be tried by the ad hoc human rights tribunal would be taken, granting de facto immunity and impunity concerning these issues. We hope the Rapporteur will intervene concerning this.