A/HRC/21/12
77.
India appreciated the Philippines’ role in the drafting of the implementing protocols
of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant
Workers. It also welcomed the launch of the International Peace and Security Plan of the
Armed Forces.
78.
Indonesia welcomed the measures taken to address cases of past incidents of
extrajudicial killings, enforced disappearances and torture, and noted the success of the
Philippine Inter-Agency Council against Trafficking in bringing perpetrators to justice and
providing assistance to victims. Indonesia made recommendations.
79.
In response to questions raised, the head of delegation appreciated the recognition
given to the Philippines’ efforts and achievements in protecting and promoting human
rights.
80.
The Philippines is gratified by the recognition of the member States as well as those
with observer status in the Human Rights Council for its stepped-up efforts to address such
complex issues as extrajudicial killings, enforced disappearances and torture. The head of
delegation assured States that the Philippines considered them as priority cases was
addressing all such cases through its criminal justice system, which is continually being
enhanced.
81.
Cases verified by the authorities as genuine cases are now at different stages of the
process, from investigation to prosecution, and some are already being tried in the courts.
82.
The head of delegation said that the Department of Justice files cases involving
human rights violations and corruption even against those perceived to be beyond the reach
of the law.
83.
The Department of Justice has set up a special task force to gather, collate and
monitor the progress of cases in collaboration with the independent Commission on Human
Rights of the Philippines.
84.
The Philippines is also looking to establish a National Monitoring Mechanism, a
tripartite arrangement by and between the Government, the Commission on Human Rights,
and civil society and NGOs to review all pending cases of extrajudicial killings, enforced
disappearances and torture and to recommend solutions to impediments to progress in the
resolution of these cases.
85.
The Philippine Supreme Court has provided for novel remedies, namely, the
extraordinary writs of Amparo and Habeas Data, to protect and promote human rights.
Several cases have already been filed in various courts.
86.
Access to justice has been improved by, inter alia, the elimination of filing fees for
criminal complaints with the Department of Justice and the Government has deployed
concrete efforts to strengthen the witness protection programme. The current rate of
convictions is more that 94 per cent when victims are covered by the witness protection
programme.
87.
The Philippines has adopted the implementing rules and regulations of the AntiTorture Law of 2009.
88.
The enactment of the Act on Crimes against International Humanitarian Law,
Genocide, and Other Crimes Against Humanity, or Republic Act No. 9851, and the AntiTorture Act support the principle of complementarity under the Rome Statute of the
International Criminal Court.
89.
The Philippines deposited the instrument of accession to the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment on 17 April 2012.
11
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