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Extrajudicial Killings in the
Philippines and Canada-Philippine Relations
April 15, 2008
Submitted to the Standing Committee
on Foreign Affairs and International Development
April 15, 2008
by
The Stop the Killings
Network – Canada
&
Canadian Advocacy Group on the Philippines
The STK Network – Canada is
comprised of the following organizations and individuals: BC Committee
for Human Rights in the Philippines, Centre d’appui aux Philippines
- Centre for Philippine Concerns, Development
and Peace, Dominique Caouette of the Political Science Dept., University
of Montreal, KAIROS, Migrante-Ontario, Ontario Committee for Human
Rights in the Philippines, Philippine Network for Justice and Peace,
PINAY -Montreal, Primate’s World Relief and the Development
Fund, The United Church of Canada and Victoria Group
Researcher:
Jean-Philippe Massicotte
Chaire d'Études Asiatiques,
Université de Montréal
Introduction
Members of the Stop the Killings
Network – Canada and the Canadian Advocacy Group on the Philippines
have prepared this paper in order to inform the Standing Committee
on Foreign Affairs and International Trade about the situation
of human rights and Canada’s involvement in the Philippines.
Key individuals of civil society and political opponents are being
killed on a regular basis in the Philippines and reports point
the finger of suspicion on members of the police and military forces,
In the midst of intensifying political repression and severely
deteriorating human rights situation, Canada continues to develop
a vigorous relation with the Philippines. However, we have not
seen Canadian initiatives that directly address the roots of the
extrajudicial killings or provide immediate protection for those
at risk. In fact, we believe that not only is Canada not doing
enough, but that it appears to be condoning the ongoing human rights
violations. This paper will examine Canada’s involvements
and interests in the Philippines and their bearing on Canada’s
human rights objectives in the Philippines.
1. Overview of the situation in the
Philippines
The human rights’ situation
in the Philippines has greatly deteriorated since Gloria Macapagal
Arroyo became President in 2001. For example, 2006 was considered
the worst year for human rights since the Marcos era with more
than 180 extrajudicial killings.1 Reports
establish the number of killings at over 850 between 2001 and 2007.2 Human
Rights Watch and Amnesty International have both issued in depth
reports, the United Nations mandated the Special Rapporteur on
extrajudicial killings, Mr. Philip Alston, to investigate, and
governments have condemned the political killings (European Union,
United States, Australia).
The problem of extrajudicial killings
finds its roots in the recent political history of the Philippines
that has been characterized by an ongoing civil war. Since the
1960s the New People’s Army (NPA) – the armed wing of the Communist
Party of the Philippines – and the Moro Islamic Liberation
Front (MILF) have waged an armed struggle against the government.
Successive governments from the dictatorship of Ferdinand Marcos
to the present administration of President Arroyo have failed to
address the social, economic and political roots of the insurgency,
but instead have consistently sought a military solution to the
conflicts. Human rights violations occur in the context of the
war and the counter-insurgency campaigns. In 1992, President Fidel
Ramos agreed to undertake peace negotiations with the National
Democratic Front and CPP-NPA. He repealed the anti-subversion act
that made membership to the CPP illegal.3 The
negotiations led to the signing of the Comprehensive Agreement
on Respect for Human Rights and International Humanitarian Law
(CARHRIHL) in 1998 by the two parties.
However, the conflict has escalated
under the administration of President Arroyo who has suspended
the peace talks and whose legitimacy has been seriously challenged
by charges of election fraud and massive corruption. Popular and
left organizations have strongly criticized her policies and are
key actors in the growing opposition movement. After 9/11 and the
declaration of the U.S. War on Terror, President Arroyo declared
an all out counter-insurgency war and ordered the military to “crush”4 the
NPA insurgency. U.N. Special Rapporteur Philip Alston directly
links the extrajudicial killings to this military counter-insurgency
strategy. Unarmed political opponents, political movements and
journalists are being “labelled” as NPA members or
sympathizers and consequently targeted. Thus, there seems to be
a link between the Philippine governments unsuccessful militarist
attempts to “crush” the NPA and the rash of extrajudicial
killings involving political opponents working openly and democratically
for change.
Facing internal and international
pressure to shed light on cases of extrajudicial killings, the
Arroyo administration appointed retired judge Jose Melo to preside
a 2006 commission on the political killings. The “Melo report” (which
was only released after popular pressure in February 2007) concludes
that there is “certainly evidence pointing
the finger of suspicion at some elements and personalities in the
armed forces”5.
Professor Alston, the United Nation’s Special Rapporteur
on extrajudicial killings, reached the same conclusions. After
recognizing the implication of the army in the killings, he affirmed
that the “Armed Forces of the Philippines remains in a state
of almost total denial…”6.
In that context, the government of the Philippines and President
Arroyo must assume responsibility for the human rights crisis.
2. Canada’s involvement
in the Philippines
Canada has strong ties with the Philippines.
The Canadian government describes the Philippines as a “…functioning
democracy with a vibrant civil society…”7.
The Philippines is “the third largest
source for Permanent Residents to Canada, the No.1 source country
for Provincial Nominees, and is among the top sources for temporary
workers”8.
There are roughly 400,000 Filipinos living in Canada and 7,500
Canadians living in the Philippines.9 Bilateral
trade between Canada and the Philippines is worth approximately
CAN $1.5 billion10.
The government of the Philippines is also a member of the APEC,
WTO and ASEAN organisations.
We will briefly review Canada’s
involvement in the Philippines:
A) Canadian International Development
Agency (CIDA)
CIDA is the eighth largest ODA contributor to
the Philippines with total spending of CAN $14 million a year.11 There
are 14 ongoing CIDA projects in the Philippines and 17 regional
CIDA projects involving the Philippines. The 14 projects Canada
finances in the Philippines are worth approximately CAN $97.6 million
and cover the period of 1998-2010.12 CIDA’s
goal in the Philippines is: “to contribute
to poverty reduction ...through equitable, sustainable development.”13 CIDA
intends to reach this goal by fostering efficient, responsive,
transparent and accountable governance at all levels and by supporting
the development of small and medium enterprises that create more,
better and decent jobs for both men and women.14 Many
of CIDA’s projects (approximately 60%) take place in the
Muslim region of Mindanao where the MILF insurgency has been active
for the past few decades. For example, CIDA’s Peace Link
Project is a three year CAN $2.85 million project that contributes
to “peace building” in Mindanao. The project has a
CAN $750,000 “peace fund” that provides “funding
to civil society organisations”15.
CIDA’s Local Governance Support Program (LGSP) also has a “peace
building” objective in Mindanao and “has
provided in this area to 26 Local Government Units”16 (LGUs).
In a report, the Philippine research
foundation, IBON, notes that: “...the problem is in countries
like the Philippines, social development work and peace building
efforts have been subsumed in the internal security campaign of
the national government”.17 For
example, the National Internal Security Plan (NISP – prepared
under Executive Order 21 of 2001) combines military campaigns to
secure peace in conflict zones with poverty reduction and development
objectives. The rationale behind the NISP is that development primarily
needs “peace” to take roots. In this sense, governmental
and military objectives regularly go hand in hand. For the Arroyo
administration, peace means “crushing down” the insurgencies
and their “sympathizers”. It remains unclear from CIDA
documents exactly what kind of support Canada gives to governmental
bodies in Mindanao in its “peace building” effort.
It has been shown that aid in countries such as the Philippines
can have inverse effects if it is directed to conflict zones and
fuels local government bodies in their war against political opponents.
For this reason, the aforementioned projects raise serious concerns.
B) Extractive Industries
Canadian mining companies are involved
in at least five (5) major mining projects in the Philippines worth
over US $1 billion in investment. The mining sector has been targeted
by the Arroyo government as one of the key areas of development
for the country.
Canada’s TVI Pacific18 operates
a mine in Canatuan, a small village located on land that belongs
to the Subanon tribe on the island of Mindanao. The majority of
the Subanon people have opposed the mine as it intended to operate
on a mountain that is sacred to the community.19 TVI
Pacific has forcibly removed people that lived on the site and
the presence of this Canadian company has created tension and has
been a source of conflict and division in the Subanon community.
TVI has used the services of paramilitary personnel to secure the
mine’s site. In 2004, TVI security forces opened fire on
the peaceful group of protesters trying to block the entry of equipment
into the mine site, wounding four people.20
Canada’s Crew
Development Corporation’s nickel mining project on Mindoro was fiercely opposed by a broad
coalition of constituencies on this island including the indigenous
Mangyan on whose land the mine would be operated. As the opposition
to the mining project grew the director of Crew, Anne Isberg, accused
ALAMIN (the Alliance opposed to the mine) of being connected to
the Communist Party and the New People’s Army (NPA) and asked
the Philippine government to improve the security on the site,
stating that in the absence of proper security: “the company
regrets to inform that (it) will have to re-evaluate the proposed
700 000US$ investment”.21 This
demand led to the militarization of the region. Vice Mayor Juvy
Magsino, a strong opponent to the mining project, was shot and
killed along with a local school teacher by unidentified gunmen
on February 13, 2004.22
The mining project of Toronto-based
Olympus in Capcapo in the Cordillera region is also strongly opposed
by citizens of the nearby community of Baay-Licuan. Following the
public assembly’s
adoption of a ban on mining activities in the community, troops
from the Armed Forces of the Philippines were deployed in the region,
allegedly to protect the communities against the activities of
the NPA.23
In 2007, elected town councillor
Armin Marin was murdered by security forces while protesting a
mine in Sibuyan in which Canadian Altai Resources holds an interest.
In 2006, Julian Gayomba, who chaired the Apit Tako peasant organization
in Mankayan, Cordillera, and led the opposition to an expansion
project of the Lepanto Consolidated Mining
Company, was put on
the military’s
order of battle. Under constant surveillance, Gayomba was eventually
forced to leave his community. Canadian Robert Friedland’s
Ivanhoe Mines financed the expansion project with a US $3 million
loan with the understanding that Ivanhoe would have first option
on Lepanto's stocks and mineral properties. Early in 2005,
Ivanhoe bought 12.5% of Lepanto.
C) Financial and political support
for mining
From November 20 to December 1, 2006, the
Canadian Embassy, in association with other Embassies, several private
sector interests, the World Bank and indigenous representatives
from Canada, all of whom were apparently pro-mining, conducted
a “Train the Trainers” session in Manila focussed on
Indigenous Peoples. The potential advantages of mineral development
on indigenous lands were highlighted. The Canadian Embassy, in
an internal report on the training session, noted as a “memorable
moment” when a Provincial Officer from the previously anti-mining
NCIP [National Commission on Indigenous Peoples] stood up to say: “Until
today, I was anti-mining. Now, I am prepared to listen to what
the companies have to say”.24 Since
there were no representatives from the wide array of anti-mining
forces included among the indigenous representatives from Canada,
it appears that Canada is not providing a balanced perspective
through the Indigenous Peoples Partnership Program (IPPP).
Between 2003 and 2005 CIDA funds,
through the Embassy-directed Canada Fund for
Local Initiatives,
were channelled directly to TVI Pacific to support a small development
project. TVI was the CIDA “partner” for these funds, as opposed
to a Philippine NGO or popular organization. Additionally, although
the Embassy was made aware that these funds were being withheld
from families that opposed TVI’s operations, the program
was continued.25 CIDA
piloted a program of conducting Peace and Conflict Impact Assessments
(PCIA) projects in Mindanao. Why was there no such assessment done
on the funds that were channelled through TVI
Pacific, and which
have apparently been used in a biased fashion?
D) Economic Development Canada
(EDC)
Through Economic Development Canada (EDC), the
government of Canada finances Canadian companies that operate abroad.
EDC has provided approximately CAN $120 million to Canadian companies
that operate in the Philippines26.
The main beneficiaries have been various Canadian telecom exporters,
Nortel Networks and Mining Technologies International (MTI). MTI
has sold “trucks, equipment and loaders27” to
the Lepanto Consolidated Mining Company, a US $450 million mining
project in the Cordillera28 region
where opponents of this partly Canadian-owned company have been
placed on the military’s order of battle and forced to leave
the region.
E) Military and Police Training
Assistance Programs (MTAP and PTAP)
The main goal of Canada’s Military Training
Assistance Program (MTAP) is to develop close relations with foreign
defence departments and military forces. In order to reach this
objective, MTAP organizes training of foreign military personnel
in Canada. In 2008, 12 members of the Armed Forces of the Philippines
will come to Canada to receive courses29.
The Police Training Assistance Program (PTAP) has the same objectives
as MTAP but is organised slightly differently. In the last 18 months,
Canada has provided four (4) training classes on “major crimes
investigation techniques” in South East Asia in which the
Police Forces of the Philippines have participated30.
Both these programs are part of Canada’s diplomatic efforts
in the Philippines. In fact, they serve to enhance the technical
and operational capabilities of bodies that have been identified
as responsible for human rights violations. Records of participants
in these programs are not publicly available, but the question
arises as to whether the programs have involved military units
implicated in the extrajudicial killings and the campaign targeting
civilians?
F) Chemical, Biological, Radiological
and Nuclear (CBRN) Training Program
Canada
is also very active in the counter-terrorism capacity building
of the Philippines. In 2006, Defence Research and Development Canada’s
Counter-Terrorism Technology Center organised several training
classes for first responders of Chemical, Biological, Radiological & Nuclear
(CBRN) devices in the Philippines. In 2007, the government of Canada
transferred CBRN Personal Protective Equipment and radiation detection
sets to the Philippines through the signing of a memorandum. One
wonders what is the usefulness of such devices since it is only
the US forces in the Philippines that have access to nuclear weaponry
and there is no operating nuclear power site in the country.
Conclusion
Our study reveals what appears to be direct Canadian
involvement in human rights abuses involving the mining sector
in the Philippines. The study also indicates that Canadian aid
projects promoting “peace-building”, particularly
in Mindanao, may have been integrated into the anti-insurgency
plan of the Philippine government and military. In addition, the
study points that Canadian funds for training could be supporting
military and police involvement in human rights crimes. There is
a need for greater transparency from the Government of Canada in
order to carefully monitor these programs to ensure that they are
not contributing to the human rights crisis. The study likewise
indicates that Canadian mining operations not only have given rise
to conflict and militarization wherein human rights abuses, including
extrajudicial killings, have occurred, but that Canadian mining
companies are profiting from the ongoing climate of terror to stamp
out popular resistance to their operations, particularly among
indigenous communities.
The Canadian Government’s apparent
complacency towards the political repression, extrajudicial killings
and the impunity with which these serious abuses are committed
in the Philippines puts the human rights objectives of Canada31 in
the world into question. It would be a mistake for the Canadian
Government to rely entirely on the good will of President Arroyo
to end the killings. Her government has stubbornly refused to acknowledge
the link between the killings and its counter-insurgency strategy.
Under the principle of command responsibility, the President as
Commander in Chief is ultimately responsible for the abuses that
military personnel are committing with impunity. For these reasons,
strong international pressure is essential if we wish to stop the
extrajudicial killings and to improve the overall human rights
situation in the Philippines. We believe Canada should be at the
forefront in exerting that pressure.
Recommendations
The members of Stop the Killings
Network – Canada and the Canadian Advocacy Group urge the
Standing Committee:
- To call on the Canadian Government to issue a
strong, public statement regarding the political killings and
the situation of impunity in the Philippines and to press the
Philippine Government to take immediate steps to implement the
recommendations of UN Special Rapporteur Philip Alston.
- To
send a Parliamentary Mission to the Philippines to look into
the human rights situation, specifically the extrajudicial killings.
- To request a report from CIDA and the Canadian Embassy
in Manila describing the procedures and criteria applied to
funding projects in Mindanao and other conflict areas to demonstrate
that these projects are not subsumed under the Philippine Government’s
National Internal Security Program, thus contributing to its
counter-insurgency war and aggravating the conflict situations.
- To
request that DFAIT disclose information about Canada’s
support for military and police training and the Philippine Government’s
counter-terrorism capacity building and to stop funding these programs
until it has been satisfactorily demonstrated that these programs
are not reinforcing the government’s counter-insurgency strategy
and contributing to the commission of human rights abuses.
- To condition the continuation and provision of new development,
financial and other forms of assistance on the Philippine government’s
successful implementation of measures to stop the extrajudicial
killings and improve the overall human rights situation, including
the following:
- Measures to implement the recommendations of the United
Nations Special Rapporteur on extrajudicial killings;
- Successful
investigation and prosecution of military personnel and others
who have committed human rights violations;
- Presidential
Order to the military and police to end the campaign against
members of civil society organizations, end the practice
of labelling them as enemies of the state and the withdrawal
of the military’s order of battle;
- Resumption of the
Peace Talks with the National Democratic Front of the Philippines.
- To urge the Canadian Government to act on the 2005 recommendation
of the Subcommittee on International Human Rights by conducting
an investigation of TVI Pacific concerning human rights complaints
against the company and its security guards and to ensure
that it upholds the principle of Free, Prior and Informed
Consent in its operations in Mindanao.
- To recommend
a Motion to the House of Commons making political and financial
support from the Canadian government, its Embassy and agencies
for Canadian companies operating in the Philippines, contingent
on the latter’s compliance with human
rights and environmental standards; and that the Canadian
Government institute procedures to enforce compliance and accountability
by Canadian companies of the requirement in the Philippine Mining
Act for Free, Prior and Informed Consent in their operations
on indigenous people’s
lands and territories.
- To call on the Canadian Government to ensure that
the Indigenous People's Partnership Program and other programs
promoting mining on indigenous lands in the Philippine include
a balanced perspective from indigenous peoples in Canada that
oppose mining in their lands.
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