Subcommittee on International Human Rights Committee on April 3rd, 2012

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Just on that point, it appears from the testimony we're hearing that you are put on a list; you're vilified the moment you start dealing with human rights and teaching people what their rights are. My concern is the expansion of those extractive industries and the fact that, from the testimony, access to 85% of the land mass is going to be for seven Canadian companies, which brings it home very closely to us and the responsibilities we have here.

I'd like to go just a little bit further. It seems there's a pattern of vilification, then there's detainment, and then finally there's “enemy of the state”, and if all of that doesn't put you in line, death follows.

I'd like to go to the general secretary for the second question. We had the case of Jimmy Liguyon, who was recently murdered. I may have missed it, but I didn't hear in your presentation a call for our committee to comment on that, to call for an investigation in that particular case.

[Bishop Reuel Norman Marigza]

Yes, your honour, and that's the reason we have asked if the subcommittee would consider sending a delegation to see for themselves what is happening on the ground.

As Jimmy Liguyon was protesting...he was a holder of ancestral land. He was being pressured to sign a petition that would allow mining companies to enter his area. He resisted, and because of that, 15 paramilitary men barged into his house and shot him to death. The killer, who was identified, is still going scot-free.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

What we're hearing at this committee on a number of different studies that we're doing is a pattern of the use of paramilitary as security for mining companies. Now we're starting to hear the same thing being said about Canadian mining companies, which concerns us here.

When you asked at the end of your presentation that this committee consider going to the Philippines, who would you have us meet? Is it a focus on meeting with the churches that are on the vilification list, or do you have a broader thought on that?

[Bishop Reuel Norman Marigza]

You could meet with the National Council of Churches in the Philippines, which is composed of 10 Christian churches. There are multisectoral organizations that we both work with in the Philippines that are standing for human rights. We could definitely host this visit.

[The Chair, Conservative, Scott Reid]

Be very quick.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

No, I'll leave it at that to make sure to pass a little time on to others. If there is an extra minute at the end, you can always come back to me, Mr. Chair.

[The Chair, Conservative, Scott Reid]

Fair enough.

We'll go, then, to Mr. Hiebert.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Thank you.

Thank you all for being here. I really appreciate your testimony.

The background documents that we were provided indicate that the Supreme Court actually adopted certain legislation in recent years to address these issues. One is titled the “Rule on the Writ of Amparo”, and the second is entitled the “Rule on the Writ of Habeas Data”. It's my understanding that these were intended to provide good rights to individuals.

Are you familiar with these?

[Bishop Reuel Norman Marigza]

Yes.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Have they had any impact on the human rights situation in the Philippines?

[Bishop Reuel Norman Marigza]

Unfortunately, to a large extent they are basically ignored. For instance, in the case of the Morong 43, with Merry Clamor, a writ of habeas data has absolutely been asked for. They were not provided.

In the cases of the disappeared, as in the case of Jonas Burgos, who was abducted by military forces, the armed forces has not submitted to the court the data that are being required of them. We could not even visit the military camps.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

So when you bring these lawsuits that you are bringing against the government, what process are you using to bring about this kind of justice?

[Bishop Reuel Norman Marigza]

It's basically civil cases, but in the case of the Philippines, we even have to put up a bond to be able to sue relative to the claims we have. These are private initiatives, like the caseof the Morong 43, the case we filed. These are civil cases. We do not get support from government prosecutors. We are on our own.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Has the government acknowledged being behind these extrajudicial killings, or is it simply the commonly held belief that they are the ones directing these activities?

[Bishop Reuel Norman Marigza]

There have been investigations done by the Special Rapporteur of the UN Human Rights Council linking the government—the military, precisely—to the extrajudicial killings.

Elements and units have been identified that were responsible for the killings. Using this operational plan, this counter-insurgency plan, that targets organizations and groups that are critical of the government, they have perpetrated these kinds of violations.

The new president, by the way, before he sat down on July 1, met with representatives of the European Union, ambassadors and consuls. He promised to take a look at the extrajudicial killing and bring people who are responsible to justice. About two years have passed and nothing has been done about it.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

How far up the chain of command is the direction being given? Is it at the highest levels, or is it the military taking its own initiative?

[Bishop Reuel Norman Marigza]

If the armed forces of the Philippines can publicly publish books or PowerPoint presentations like the “Know your Enemy” guidebooks and use them widely, it goes way up.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

You've already said that you don't see any difference between the current President Aquino versus what happened with the previous president. It has basically continued as it was.

[Bishop Reuel Norman Marigza]

Yes.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Are you familiar with the Oplan Bayanihan counter-insurgency program?

[Bishop Reuel Norman Marigza]

Yes.

[Russ Hiebert, Conservative, South Surrey—White Rock—Cloverdale, BC]

Has that made any difference?

[Bishop Reuel Norman Marigza]

It has not. It just provided a more democratic facade. It involves a lot of government units, but it has not reduced the statistics we have given. It has not reduced the human rights violations.

[The Chair, Conservative, Scott Reid]

We will go now to Professor Cotler.

[Irwin Cotler, Liberal, Mount Royal, QC]

Thank you, Mr. Chairman.

I want to express my appreciation to the witnesses. I happen to have a large Filipino constituency as part of my Mount Royal riding, and I'm very much engaged with them on these issues.

You have all spoken about what might be called a culture of impunity in the Philippines, particularly with respect to extrajudicial executions, torture, and forced disappearances.

The Supreme Court of the Philippines in 2007 instituted procedures regarding the writs of amparo and habeas data. These procedures do not appear to have been effective, even though they allow an individual who has been the victim of these violations to seek a judicial remedy.

How can one make the courts more effective, or are the courts really not all that independent? You mentioned also that the Chief Justice of the Supreme Court is right now being subjected to impeachment proceedings. My question is with regard to the independence of the judiciary. In relation to that, can the courts be made to bring the perpetrators of these violations to account?