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‘Beyond tears and borders’

Tracking enforced disappearances
Tracking enforced disappearances
Messages of faith and hope marked the observance of the International Day of the Disappeared in the Philippines.

At the launching of the book, “Beyond Tears and Borders” at the office of the Commission on Human Rights, Edith Burgos, mother of farmer/activist Jonas Burgos who disappeared on April 28, 2007, said in the six-year search for her son, the emotions “vacillate between hope and despair.”

She said, “no matter what you do, there will always be indifferent people. “

She said families of the disappeared have to contend with labeling. “The moment you speak about the disappeared, you become labeled.”

But she said in the agony of the search, she has found “examples of selflessness.” She said it was her son’s love for others that made him devote his life for the farmers and caused him to be disappeared.

She lauded the publication of “Beyond Tears and Borders” saying “Only courageous hearts would have the daringness to publish these concrete accounts of disappearances. “

“With this book, we have come up with something concrete. It’s not just believing. It’s not only faith,” Burgos said.

Mary Aileen D. Bacalso, AFAD secretary general said “The book attempts to chronicle the history of enforced disappearances in Bangladesh, Kashmir in India, Indonesia, Nepal, Philippines, South Korea, Sri Lanka, Thailand and Timor-Leste.”

“Against the backdrop of internal conflict and post conflict situations, of post dictatorship and war against terrorism, each article presents the evil that is enforced disappearance and the concerned government’s contribution to resolve and/or aggravate the problem,” Bacalso said.

Against the backdrop of internal conflict and post conflict situations, of post dictatorship and war against terrorism, Bacalso said each article presents the evil that is enforced disappearance and the concerned government’s contribution to resolve and/or aggravate the problem.

“The scourge of enforced disappearance is reflected in the figures mentioned in each article; in the sufferings of the victims’ families amidst the callousness of the perpetrators; in the states’ explicit or tacit policies to stifle dissent and in the chilling atmosphere of impunity.. Behind the statistics are precious lives of the desaparecidos and those of their surviving family members, a substantial number of whom are vulnerable women and children who bear the brunt of the crime’s devastating consequences,” she said.

Bacalso further said the book elucidates that, except for Thailand and Indonesia which have both signed the Convention and are in the process of ratification, the rest of the Asian countries where AFAD has member-organizations and partners have not yet signed, much less acceded to it.

She took note , though, of the enactment that on Republic Act 10353, the Anti-Enforced Disappearance Act of 2012.

The law ensures that no one can be arbitrarily and secretly detained, thereby preventing further human rights violations. It recognizes the pain and struggle of the families of the disappeared, having provisions for rehabilitation, compensation, and restitution. It seeks to, at least, decrease impunity by extending the definition of a perpetrator to commanders, not just subordinates.

“Such an exemplary development in Asia serves as an inspiration to other states to also penalize enforced disappearances within their domestic laws,” Bacalso said.

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Published inHuman RightsMalaya

10 Comments

  1. chi chi

    ‘Brains’ behind Burgos abduction absolved: HR group
    ABS-CBNnews.com
    Posted at 09/06/2013 4:05 PM | Updated as of 09/06/2013 4:05 PM

    MANILA – The Department of Justice (DOJ) drew flak from a human rights group following the release of its resolution that drops high-ranking military officers from the list of respondents in the disappearance of farmer-activist Jonas Joseph Burgos.
    ___

    Not a surprise to me. Same ol same ol… take care of the high ranking military officers or face the consequencies.

    May a-tapang kaya na pangulo na mailuluklok sa trono ang titingin sa kaso ng forced disappearances no matter kahit sino ang tamaan?

    I’ll a get a copy of the book, naiintriga ako at tiyak maganda ito.

  2. vic vic

    I don’t how the system works, but the Dept of Justice is a Cabinet Ministry that has the mandate of setting up policies and guidelines but decisions for individual and specific cases are usually under the responsibility of the respective District Attorneys to decide the case has to go forward or not..( if there is reasonable expectation to secure convictions based on available evidence) In Most Parliamentary it is the State Prosecutors to decide and once the charges were filed, the courts to decide in a Pre-Trial to either bring the case to trial or drop it or stayed. DOJ is a Political body and is an extension of the Executive, its decision on cases which involved politicians and politically motivated crimes will always be perceived as biased and prejudicial.. Ever wonder why????

  3. Jose Samilin Jose Samilin

    Tama ka, kabayan Vic, ang prosecution ng mga politcal cases na ganyan ay kadalasang biased or talo palagi, hindi lang sa kalulangan ng prosecution, ay sa simula pa lamang dahil na rin sa DOJ as Cabinet member, it lacks impartiaslity as to whose case shall be pursued or not. I still believed as former forensic auditor abroad the our Philippine Justice System need overhauling as evidently, the culture of impunity is stronger than the rule of law. So the answer to is to adopt an enabling law to fully establish the implementing rules and regulation required for by our 1987 Constitution under Article II, Section 1,The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

    As per Atty. Marlowe Camello, The author of the proposed Grand Jury/Trial Jury System, here I quote, “The Filipino People have embraced the democratic form of government as a way of life to keep their well being and unity which they have ordained in Article II, Section 1, of the Constitution;

    Here below is website: (please copy and paste in your web browser to get the complete details.

    http://www.the-filipino-people.com/Grand-Jury-Introduction.html

    Vic, please open the website above, just read the intro, and get back to me, we can talk further. So also anyone interested to find solution to the current culture of impunity and the lack of the rule of law in the Philippines, jury system is the best solution.

  4. vic vic

    I am quite familiar with the Grand Jury system of the US but we have a modified system in Canada which also works just as well. the Grand Jury system may work in the Philippine setting but first it would necessitate a Constitutional amendment since Judicial process in the Philippines are within the domain of its constitution…Our is quite simple. The Prosecution is done by the Crown or the State and the Charges by the Police who is in charge of that particular Jurisdiction. the Province of Ontario and Quebec and part of Newfoundland/Labrador has its own Police services regulated by an Independen police services boards while the Rest of Canada is Contracted to the RCMP..For Indictable offenses, there is a Pre-Trial hearing before a Judge to determine on the evidence presented and contested by the accused if the case should proceed to Trial and any offense punishable by 5 years or more the accused can choose for trial by Trail Judge or by Judge and Jury..the Jury member under the law can not publicly discuss the case during and after the trial. Serious crimes like murder and crimes punishable by minimum sentence (first degree and second degree murder) are automatically reviewed by the Supreme Court for constitutionality of process and can order a retrial if there is irregularity in the trial. We are quite satisfied of our system as to its fairness and accessibility..Legal aid is provided for those who can not afford the cost of justice and can choose his own defense counsels.

    there is no Political interference in any type of litigation, criminal or civil.

  5. Jose Samilin Jose Samilin

    Thanks Vic, your input about Jury System in Canada is a good one and as to your idea for Phil. Constitution need amendment to be accommodated, seemed considered already by the author and the answer is CAN BE WORK OUT under R.A. 6735.

    I appreciate very much if you could further study the proposed Jury system, since the author Atty. Camello, is very open minded to incorporate anything that maybe good for our country. i am one of the advocate of the proposals because i am a former forensic auditor in criminal and civil cases in the venue of jury trials in the High court of American Samoa, a U.S. Territory in the Pacific.

    It is even better if you can contribute your ideas to the proposal, you are most welcome.

  6. vic vic

    Welcome, I will study the proposal further as soon as I am back in Canada..right now I am in the US with the kids and my brother who just joined his children in the US and will be spending some time with the other half of the family. But one more to add that makes our Judicial system independent and impartial and competent..the security of tenure and remuneration, independent administrative over its own affairs. regards and we can make a change for the better..

  7. MPRivera MPRivera

    News headlines since yesterday:

    MANILA, Philippines – Sinalakay ng mga armadong miyembro ng Moro National Liberation Front (MNLF) ang walong barangay sa Zamboanga City, kahapon ng mada­ling araw at i-hostage ang may 300 residente na nagresulta ng pagkamatay ng apat na sibilyan at dalawang tauhan ng gobyerno……..

    Kabilang sa mga barangay na sinalakay ng MNLF rogue elements ay ang Brgy. Sta. Catalina, Sta. Barbara, Talun-talon, Mampang, Kasangya­ngan, Rio Hondo, Mariki at Calarian…

    http://www.philstar.com/bansa/2013/09/10/1191051/300-hinostage-6-patay-mnlf-sumalakay-sa-zambo

    saan ba tayo papunta?

    nagtatambakang isyu ng katiwalian sa gobyerno. kabikabilang gulo. kawawang mga inosenteng nadadamay. mga babae. bata. matanda.

    ang aking maybahay na maysakit sa puso kasama ng aming mga anak at apo ay napilitang lumikas mula sta. barbara upang hindi madamay.

    sa ngayon, ayon sa aking mag-ina ay mayroong nasusunog na mga bahay bunga ng labanan sa pagitan ng mga kawal at pulis laban sa mga rebeldeng naghahasik ng kaguluhan.

    hindi dapat nangyari ito KUNG hindi nakaligtaan ng gobyerno ang dalawang bagay:

    una, binalewala ng kasalukuyang administrasyon ang dapat ay partisipasyon ng MNLF-Misuari faction sa kasalukuyang peace accord with the MILF.

    at pangalawa, KUNG hindi naging napakaluwag ang security along the coastlines matapos ang deklarasyon ng pagsasarili ni Misuari noong nakaraang linggo sa Indanan, Sulu gayundin ang malamyang intelligence gathering ng AFP at PNP sa kabila ng umaabot sa bilyong pisong INTELLIGENCE funds ng iba’t ibang ahensiya kasama na ang sa office of the president.

    kung laging ganito, paano na kaming mga karaniwang mamamayan?

    nakanganga na la’ang?

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