A/HRC/4/41
page 71
mislead the investigation. A communication dated 8 November 2006 regarding efforts
undertaken by the Government to implement the recommendations made following the visit to
the Philippines by the Working Group in 1991 was received too late for review, and will be
considered at the next session of the Working Group for inclusion in the 2007 report.
Information from sources
338.
No information was received from sources regarding outstanding cases.
Request for a visit
339. Following a decision of the Working Group at its seventy-eighth session, a request for a
visit was sent to the Government of the Philippines on 24 May 2006. The Working Group has
not yet received a reply.
Summary of the situation prior to the period under review
340. The majority of the reported cases of disappearance occurred throughout the country in
the late 1970s and early 1980s in the context of the Government’s anti-insurgency campaign.
Alleged victims included farmers, students, social and health workers, members of Church
groups, lawyers, journalists and economists. Since 1980, many reported cases of disappearance
concerned young men living in rural and urban areas who participated in legally constituted
organizations which, according to the military authorities, were fronts for the outlawed
Communist Party of the Philippines and its armed wing, the New People’s Army (NPA).
341. Disappearances have continued to occur since the 1990s, mainly in the context of
military operations against the NPA, the Moro National Liberation Front, the Mindanao Islamic
Liberation Front, the Citizen Armed Forces Geographical Units and the Civilian Volunteer
Organizations.
342. The Working Group visited the Philippines in 1991. The main recommendation to the
Government was that the National Police should be severed from the Army and that the
Government should introduce legislation to narrow the powers of arrest. It was also
recommended that the Philippines Commission on Human Rights be empowered to make
unannounced spot checks at places of detention, as well as improve protection of witnesses and
overhaul the law and practice of habeas corpus (see E/CN.4/1991/20/Add.1, para. 168).
Total cases transmitted, clarified and outstanding
343. In the past and during the period under review, the Working Group has
transmitted 758 cases to the Government; of those, 33 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 601 cases remain outstanding.
Observations
344. The Working Group reminds the Government of its obligation under article 13 of the
Declaration to make every effort to clarify the 601 outstanding cases.
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