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DAVAO CITY, Philippines (Mindanao Examiner / Oct. 1, 2007) — A Filipino human rights group on Monday praised the Supreme Court for upholding the Writ of Amparo that would protect citizens from human rights abuses and extra-judicial killings and enforced disappearances in the Philippines.

Kelley Delgado, Karapatan Secretary General, said the Writ of Amparo is a remedy made available for the victims of human rights abuses and to the worsening human rights situation in the country.

“As human rights defender, the Writ of Amparo is a welcome step particularly to the victims of human rights abuses. This will block the military to invoke in their defense the ‘presumption of regularity’, Delgado said in a statement sent to the Mindanao Examiner.

The presumption of regularity, he said, is often used as an excuse by the military that official duty has been regularly performed to evade responsibility or liability and will further bar officers in judicial proceedings to issue denial answers regarding petitions on extrajudicial killings and enforced disappearances.

He said as the writ of Amparo which will take effect on October 24 will compel state agents to look for the missing person or surface those who are believed to be in their hands.

“The decision will hopefully make the military and its cohorts to rethink their attacks against human rights, if not really stop them from perpetuating these abuses,” Delgado said.

Chief Justice Reynato Puno officially announced the approval of the Writ of Amparo last month.

Amparo, a Spanish word that means protection is a Mexican legal procedure that aimed at protecting human rights. The "recurso de amparo" is an exhaustive remedy which originated from Latin America's Mexican, Chile and Argentina legal systems.

Mexico's Amparo is found in Articles 103 and 107 of the Mexican Constitution -- the judicial review of governmental action, to empower state courts to protect individuals against state abuses.

"The law now allows kin of human rights victims to file and invoke the petition before the Regional Trial Court of the place where the threat, act or omission was omitted. The writ shall be enforceable anywhere," Delgado said.

Karapatan said that since President Gloria Arroyo became president in 2001, there have close to 1,000 extra-judicial executions and hundreds of abductions, mostly political activists.

Amnesty International and the United Nations Special Rapporteur Philip Alston have reported similar findings.

Militant and left-wing groups have blamed the military for the killings and other human rights violations as part of the government’s counterinsurgency program.

The United States also expressed concern that US aid to the Philippine military and police is being used to commit the killings.

CAGAYAN DE ORO CITY (Mindanao Examiner / 12 Jul) - Human rights advocate, Karapatan, urged the Integrated Bar of the Philippines (IBP) to put pressure on the government to stop implementing the Human Security Act of 2007, or the Anti-Terrorism Law.

Even a group of lawyers calling itself the Union of People’s Lawyers in Mindanao (UPLM) questioned and bring the matter before the Supreme Court (SC). “UPLM and other civil libertarians will question the HSA before the SC,” said Beberly Musni, Karapatan’s regional head.

Musni said the HSA is another attempt of GMA and her allies of human rights violators to perpetuate state terror after her Presidential Proclamation 1017, Eexecutive Order 464 and CPR (Calibrated Preemptive Response) were thrashed by the Supreme Court for being unconstitutional.

“The Philippine Constitution expresses the ultimate well being envisioned by the Filipinos for the Filipinos,” said Musni.

Musni said HSA attacks humans well being by legitimizing warrant less arrests in indefinite detention, house arrests, restriction of travel, wiretapping, electronic surveillance, seizure of deposits in proscription of people’s organizations.

Musni said the UPLM has challenged the IBP and other lawyers’ groups to standby and defend the bill of rights. Karapatan earlier praised the Catholic Bishops Conference of the Philippines (CBCP) for its stand on the Human Security Act of 2007.

The CBCP has urged the government to review the Anti-Terrorism Law, citing apprehension among lawyers and other sectors. The militant group and the CBCP even condemned the soon-to-be-implemented Act as “even worse than PP1017, CPR and EO464” accordning to Musni “HAS is an attack of the constitutional guarantee and equal protection of the laws,” said Musni.

The opposition said the law could be abused and worst used against President Gloria Arroyo's political opponents. Arroyo said the law will not be used against the public and legislators, specifically members of the opposition and civil society, who air their views in the spirit of democracy.

She said the HSA has enough built-in safeguards against violations of human rights such as warrant-less arrests, eavesdropping and wiretapping, illegal sequestration of properties and tracing of assets.

In enforcing the law, law enforcers should follow specific rules on the conduct on its enforcement by first securing a permit from the "assigned and designated" Court of Appeals officer, as well as an authorization by the Anti-Terrorism Council (ATC) before they conduct surveillance on a suspected terrorist or terrorists.

Government spokesman have repeatedly appealed to the public to read and assimilate the provisions of the law so as not be carried away by doomsday warnings on perceived dangers of the anti-terror statute.

The HSA's intent is to safeguard the security of the people, the government and the communities as a whole so that way of life of the people will be protected. (With a report from Ben Balce)

CAGAYAN DE ORO CITY (Mindanao Examiner / 10 Jul) – A human rights group on Tuesday praised the Catholic Bishops Conference of the Philippines (CBCP) after it called for a review of the Human Security Act (HSA) of 2007, or the anti-terrorism law, citing apprehension among lawyers and other sectors.

The militant group and the CBCP even condemned the soon-to-be-implemented Act as “even worse than PP1017, CPR and EO464.” “We welcome the timely objection of the CBCP to the HSA implementation on July 15,” said Karapatan regional head Beberly Musni.

The CBCP expressed concern over the “morality dimension” of the law which is set for implementation on July 15. Earlier, the militants urged the CBCP to issue statements condemning the implementation of the said Anti-Terror law.

“We hope the other faiths and sectors will follow suit,” said Musni adding people should expressed on the widest and strongest condemnation to the HSA.

Musni said, like the opposition of the multi-sectors on Charter Change will compel the GMA regime to abandon the HSA.

“This is like impact on the peoples’ freedom of expression and peaceful assembly and in right to liberty and privacy,” she said. Last year, the Supreme Court declared Executive Order 464 and Presidential Proclamation1017 as “unconstitutional and partly unconstitutional.”

“Our outrage over the attempted charter change should be again being expressed on the HSA,” said Musni. Musni also urged the Archdiocese of Cagayan de Oro, headed by Archbishop Antonio Ledesma, to support the CBCP stand. President Gloria Arroyo said the HSA will take effect on July 15.

“The new law could be used to abuse the rights of government critics,” said Musni. Musni claimed that it is ironic that instead of making the people feel secure, the law would most likely cause chaos and insecurity.

The CBCP called for the suspension of the implementation of HSA. "Since we, as pastors, have to look more into the morality of this law and make a pronouncement in that level,” said in a CBCP’s statement however, reiterated their pursuit for peace as well as condemnation of terrorist acts.

On Monday, acting Defense Secy. Norberto Gonzales maintained that the public has no reason to fear the HAS. "If you are not planning anything illegal then the law is for the protection of human rights and not for its (human rights) violation," he said.

Arroyo was in Cagayan de Oro City on Monday where she spoke at the Mindanao Peace and Security Summit.

Cagayan de Oro Mayor Constantino Jaraula said the country needs the new law to address the threat of terrorism.

Gonzales said the government is seriously considering tagging the Communist Party of the Philippines and its armed wing, the New People’s Army as terrorist organizations. The United States and European Union also listed the CPP and NPA as foreign terrorist organizations on Manila’s prodding.

Arroyo initiated the summit through the National Security Council (NSC) and was attended by multi-sector groups in Mindanao, local government officials, the Philippine National Police (PNP), the Armed Forces of Philippines (AFP), ulamas, priests and even representatives of the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF), members of the academe and the President’s Cabinet who hold positions in the security cluster committee.

Arroyo has defined the government's target in the next three years, which is for the AFP to give strategic defeat to insurgency and other rebel groups, modernize the military, advance the protection of human rights, a sustainable peace in Mindanao and expand alliances for regional and global security.

She also signed Executive Order 546, stating the important role of local officials in preparing internal security plans in their localities and the making of PNP as co-equal partner in the effort of combating insurgencies and terrorism in the country.

Peace initiatives and development are also starting to pour in with the optimism of foreign donors supportive of the government peace initiatives in Mindanao. (With a report from Ben Balce)