Subcommittee on International Human Rights Committee on Oct. 30th, 2012

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Thank you, Mr. Chair.

I want to thank you, Mr. Colmenares, for appearing before us this afternoon to talk about the situation in your country.

You sponsored a bill to criminalize enforced disappearances in the Philippines; the bill is entitled An Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearance and for Other Purposes.

During the Philippines' Universal Periodic Review, Canada recommended that the Philippines' government enact the version of the bill that had been passed by the Philippines' Senate.

You started to explain why this legislation had become necessary, and I would like you to elaborate a little bit. Is there a significant difference between the bill you sponsored in the House of Representatives and the bill that was passed by the Senate?

[Neri Colmenares]

Yes, we did file a bill on enforced disappearances. I'm very happy to note that sometimes you win small victories. The Philippine congress recently passed the bill on enforced disappearances. We now have a law that is very similar to our bill. We now have a law that makes enforced disappearance a crime in the Philippines.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Is the bill part of a wider strategy to combat extrajudicial executions and enforced disappearances?

[Neri Colmenares]

Yes, Mr. Chair, it is part of our comprehensive efforts to address human rights violations. We file bills. We have advocacy forums and take other actions, yes.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Thank you.

You said very briefly that, in the past, human rights groups had already criticized the actions of Canadian mining companies operating in the Philippines. Could you elaborate on the actions of these companies? Are they acting responsibly? Do you have concerns from a human rights perspective? Would you please elaborate on that?

[Neri Colmenares]

Yes, there have been accusations of involvement on the part of Canadian mining firms. To be fair, it is not just Canadian mining firms in the country, but other large mining firms from other countries as well. There were charges of their involvement in using paramilitary units and of course the eventual human rights violations that take place with the hiring or the use of paramilitary units.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Do I have any time left, Mr. Chair?

[The Chair, Conservative, Scott Reid]

Yes, you have one minute left.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

In your opinion, are there steps that the Government of Canada could take that would likely have a positive impact on the human rights situation in the Philippines? In particular, is there anything Canada could do to improve the effectiveness of accountability mechanisms for military and paramilitary personnel or private militias?

[Neri Colmenares]

Yes, thank you.

Canada is known internationally for its respect for human rights. As we all know, human rights consider no borders. Any action on the part of a Canadian government study mission would very much impact on the lives of the Filipino people and the human rights victims.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Thank you, Mr. Chair.

[The Chair, Conservative, Scott Reid]

Thank you, Mr. Jacob.

Mr. Sweet has requested that he get a moment more to ask questions, so I'll turn the floor back to him.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Thank you very much, Mr. Chair. I appreciate the indulgence of the committee. It's an important point.

I have the universal periodic review in front of me, the most recent one, from July 2012. I think the previous one was done five years ago. There are some troubling statements in here, in contrast to your testimony. In fact, there are a number of them in the 128 bullet points. I'm only going to pick out two and ask you to speak to them.

In one case, in bullet point number 80, it says:

The Philippines is gratified by the recognition of member States as well as those with observer status in the Human Rights Council for its stepped-up efforts to address such complex issues as extrajudicial killings, enforced disappearances and torture. The head of delegation assured States that the Philippines considered them as priority cases and was addressing all such cases through its criminal justice system....

The other one is bullet point number 22:

Concerted interagency actions have resulted in a dramatic decrease in reported incidents of extrajudicial killings and torture in the Philippines. Task Force Usig, a special unit under the Philippine National Police, along with independent stakeholders and international partners have independently verified that incidents of extrajudicial killings have clearly declined.

Would you refute that, Mr. Colmenares?

[Neri Colmenares]

Yes, thank you.

The main proof is the fact that, for example, the identities of the two army men arrested in the killing of Benjamin Bayles had to be wrangled from the AFP and the government. In fact, sadly, despite subpoenas from the court, the government refused to testify in the court trying the case. For me that's probably the most blatant proof that government is not cooperating in stopping impunity. As long as impunity is not stamped out, this will continue. No death squads have been dismantled. The prosecution hasn't asked the Philippine government or even the Philippine embassy how many prosecutions and convictions there were. I'm very sure there will be a very minimal response to that.

I sense the government always reports that to the UN, but that is in contrast to the level of prosecution and investigation taking place and to their hospitality in receiving UN rapporteurs. After all, if you are not hiding anything you would be happy to open your doors to them.

The second point I can't remember now. I'm sorry.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

The second point was a dialogue point in the document whereby the Philippine government thanked other countries that were involved in the universal periodic review for acknowledging that the extrajudicial killings have gone down, yet you're saying that's not the case.

[Neri Colmenares]

Yes.

While the report by Karapatan, one of the largest human rights groups in the Philippines, of 114 extrajudicial killings may not be of the same level as the 1,200 extrajudicial killings at the time of Arroyo, as I mentioned a while ago, one death is one death too many. The government cannot just say that statistically there are 114 dead while before there were 1,200. If the life of Jordan could have been saved, if the life of Merlyn Bermas could have been saved, we're politicians, we speak out for our constituents. Merlyn Bermas died because she was exercising her constitutional right to redress a grievance. That continues to happen. Even if the government compares statistics, the fact that the killing continues, I believe, is a serious concern.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

I agree very much, Mr. Colmenares.

Thank you very much, Mr. Chair and members.

[The Chair, Conservative, Scott Reid]

Thank you.

With the indulgence of the committee I'd like to ask a follow-up question to that last piece of testimony.

If one looks at the number of extrajudicial killings in the past and the current number, we see it has gone down. That need not indicate that it's trending down toward zero. The impression I get is that you're working on the basis that the number is not trending toward zero, but is trending toward a new status quo, which, while not as bad as in the past, does not suggest that the problem will be resolved without further action.

[Neri Colmenares]

Yes. Actually, I termed it as escalating.

In the previous subcommittee, I think the delegation mentioned 68 cases of extrajudicial killings in April 2012. We are nearly in November and it has almost doubled to 114. Whether it's less than 114, there were 1,200 victims in the nine years that Aquino was in power.

Also, just by virtue of the fact that government was not able to dismantle the death squads, that means these death squads can be turned on and off at any time. They can escalate or de-escalate according to the whims of the perpetrators. That's what really makes it more dangerous. If international attention comes, they will turn it off, and then they will turn it back on.

I guess a more lasting solution to the problem must be achieved by our government.

[The Chair, Conservative, Scott Reid]

Thank you. That was very helpful.

Thank you in general for all the testimony you've given. We are very grateful you've come to our country and drawn these matters to our attention. We're grateful in particular, as I'm sure all your constituents are, for the care you've shown for their lives and their interests.

With that, colleagues, the meeting is adjourned.