A/HRC/7/2
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Clarification
295. Two cases were clarified based on information provided by the sources.
General allegation
296. Information was submitted by NGOs to the Working Group concerning obstacles
reportedly encountered in the implementation of the Declaration. This information was
transmitted to the Government.
297. According to reports, the absence of an appropriate legal framework on enforced
disappearances is denying victims and their families the possibility to seek justice and redress.
Reportedly, no government agencies exist to help locate the disappeared, and police authorities
have no jurisdiction or lack the capability to investigate the cases of disappearances.
298. When non-governmental organizations try to assist the families of the victims by going to
police stations and military camps to inquire about the disappeared, they are reportedly either
harassed or not welcomed by the police and the military.
299. No response was received from the Government regarding this general allegation.
Request for a visit
300. On 24 May 2006, the Working Group requested to undertake a mission to the Philippines.
No response has been received from the Government.
Total cases transmitted, clarified and outstanding
301. In previous years and during the year under review, the Working Group has transmitted
774 cases to the Government; of those, 35 cases have been clarified on the basis of information
provided by the source, 124 cases have been clarified on the basis of information provided by the
Government and 615 cases remain outstanding.
Observations
302. The Working Group is deeply concerned about the newly reported cases in the Philippines.
The Working Group encourages the Government to take steps to clarify outstanding cases, and
reminds the Government of its obligations under the Declaration to prevent and to terminate all
acts of enforced disappearance and to prosecute alleged perpetrators.
303. The Working Group express its appreciation for the information submitted by the
Government of the Philippines regarding the efforts undertaken to address the recommendations
made by the Working Group to the Government following its visit in 1990. The Working Group
regrets that the information did not address all recommendations, and welcomes any further
information on the pending recommendations.
304. The Working Group reminds the Government of its obligation under article 4 of the
Declaration to make all acts of enforced disappearance “offences under criminal law punishable
by appropriate penalties which shall take into account their extreme seriousness”, and its
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