Another international group of lawyers are asking President Rodrigo Duterte to respect human rights (HR) and international humanitarian law (IHL) and the right to life and other democratic rights of the Filipino people in response to the leader’s ‘crackdown’ threats on activists and Duterte’s order to state forces ‘to shoot those who are or are labelled as members of the New People’s Army (NPA).’
The Confederation of Lawyers of Asia and the Pacific (COLAP) issued a resolution on the Philippines after its December 2 meeting in Ho Chi Minh Vietnam. The meeting was attended by lawyers from Bangladesh, India, Indonesia, Japan, Nepal, North Korea, Pakistan, Philippines, South Korea and Vietnam.
COLAP is a member of the International Association of Democratic Lawyers (IADL), another lawyers’ group that recently urged Duterte to respect HR and IHL and also to commit to end extrajudicial killings in the government’s war on illegal drugs.
According to National Union of Peoples’ Lawyers (NUPL) President Atty. Edre Olalia, the COLAP resolution as well as that of the IADL “shows increasing/broadening concern of international community regarding the alarming human rights situation in the Philippines.”
“[This is] significant because both IADL and COLAP are made up of lawyers, the same profession as President Duterte. There is an assumption or expectation that since lawyers speak the same language, President Duterte will give it serious thought and consideration, especially if it comes from eminent, prestigious and credible lawyers and lawyers’ organizations outside the country,” said Olalia.
Olalia also said these would contribute to international opinion as basis for further steps or responses.
Olalia was elected as Secretary of the COLAP in Kathmandu, Nepal in 2016. The confederation was founded in 2016, but the conference started in 1988.
Duterte’s crackdown, shoot armed NPA order
On November 18, a few days after the 31st Association of South East Asian Nations Summit and US President Donald Trump’s first visit to the country, Duterte said he would follow the US ‘terrorist’ tag of the NPA, Communist Party of the Philippines and the National Democratic Front of the Philippines and broke off peace negotiations with them.
“I’ll be issuing a proclamation. I will remove them from the category of a legal entity or at least a semi-movement which would merit our attention, placing them pareho sa [like] Amerika, terrorist,” Duterte said.
He also vowed to launch a crackdown on Bagong Alyansang Makabayan (BAYAN), the umbrella organization of Kilusang Mayo Uno, Kilusang Magbubukid ng Pilipinas, Kalipunang Damayang Mahihirap, Gabriela and Anakbayan among others.
“We will file terrorist, murder lahat [all of it]. Arson with murder. Lahat na (Everything). Because I would consider them criminals already. Now, it’s a great conspiracy between itong mga BAYAN pati [even BAYAN]—they are in conspiracy with the rebellion going on,” the president said.
On November 29, Duterte ordered state forces to shoot armed NPA.
“So what will be my orders? ‘Di shoot them. Eh they will kill you anyway. So if there is an armed NPA there or terrorists, if he’s holding any firearms, shoot. And tell any… ako na ang magsagot [I will answer for it], you just shut up,” Duterte said in a speech in Sual, Pangasinan.
Duterte also said in the same occasion that state troops should not mind human rights’ groups questions when they enforce this order of his.
“Do not answer if that issue of human rights, you say, “Go to Duterte. It is and was his order.” Para tumahimik ka, sabihin mo [To shut them up, that’s what you say],” he said.
Presidential Spokesperson Atty. Harry Roque on December 2 defended Duterte’s order to shoot armed NPAs saying “Sila po ay banta sa buhay ng mga kasundaluhan. Sa tingin niyo ba ‘pag ang NPA may baril, hindi puputok ‘yan? Either NPA ang mamamatay o ang kasundaluhan. [They are a threat to the lives of the soldiers. Do you think that an armed NPA won’t shoot? Either the NPA or the soldier end up dead].”
Olalia countered these pronouncements in a statement.
“Universally accepted rules of armed conflict as embodied in international humanitarian law mainly expressed in the 1949 Geneva Conventions (and its 1977 Protocols) of which the GRP is a Party mandate that both combatants and especially civilians have rights to be protected in the context of war,” he said.
He also said that it is a dangerous idea and an unacceptable norm to sweepingly say that an armed combatant can be summarily killed without any accountability.
ASIA-PACIFIC LAWYERS' RESOLUTION ON THE PHILIPPINES
WHEREAS, we have learned that Philippine President Duterte has publicly threatened to crack down on members of people’s organizations based on his belief that they are supposedly fronts of the CPP-NPA-NDF.
WHEREAS, these people’s organizations composed of peasants, workers, women, indigenous peoples, and other poor and marginalized sectors in Philippine society, are known to be at the forefront of carrying forward the interests of the Filipino people, and have been critical of President Duterte’s actions and policies.
WHEREAS, President Duterte has publicly ordered his state security forces to shoot those who are or are labelled as members of the New People’s Army.
WHEREAS, there have been many instances when extrajudicial killings were committed, reportedly on mere suspicion of being members or supporters of the rebel forces.
WHEREAS, the Confederation of Lawyers of Asia and the Pacific (COLAP) consisting of national lawyers’ associations in ten countries is deeply concerned with the escalating human rights violations in the Philippines today.
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the Confederation of Lawyers of Asia and the Pacific (COLAP) in its Executive Meeting held on December 2, 2017 in Ho Chi Minh city, attended by lawyers from Bangladesh, India, Indonesia, Japan, Nepal, North Korea, Pakistan, Philippines, South Korea and Vietnam:
- Urges the Philippine government to respect human rights and international humanitarian law on the treatment of combatants and the protection of civilians in the context of the armed conflict in the country; and
- Urges the Philippine government to respect the right to life of the Filipino People and their freedom of assembly, expression, and association, and cease the reported threats and attacks against officials, and members of these people’s organizations.
Ho Chi Minh, Vietnam
2 December 2017
