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COVER

CONTENTS

 EDITORIAL

COVER STORY

- Never Again To Ask Question: Where are You?

NEWS Features

FROM VICTIMS TO HEALERS
PSYCHO-MORAL SUPPORT TO
THE FAMILIES OF VICTIMS OF
ENFORCED DISAPPEARANCE

The Brave
Women
Human Rights Defenders

The Ordinance Anticlimax and its Aftermath...

Expression of Pain
Wives of the Disappeared
Bare Their Hearts...

A Glow in the Dark:
The AFAD’s 11th Anniversary

Eleven years of trials and
triumphs towards a world
without desaparecidos

NEWS FEATURES

To See With The Heart
A Sharing 


The State of human Rights in the Philippines:
Wearing off the Facade 

Peru: A Milestone in the Struggle for Justice
Fugimori is sentenced to 25 years in prison
for crimes against humanity
 

A Reflection: Between the Devil
and the Deep Blue Sea


Sri Lanka: Human Rights Under Fire

Report on the Lobby for the United Nations Convention For the Protection of All Persons from Enforced Disappearance and Workshop of Women Human Rights Defenders

announcement
Helping the Families of the
Disappeared help themselves...

Solidarity Message


literary
Mothers of the Disappeared
 

 

News Feature


A Glow in the Dark
The AFAD’s 11th Anniversary

By Emilia Palencia Aquino, DMD

“The seed of solidarity which its founders sowed has metamorphosed and grown into a mature federation of eight member-organizations from India, Indonesia, Pakistan, Nepal, Philippines and Thailand. The AFAD came into being as a regional response to the alarming phenomenon of enforced disappearances in Asia which debunked the myth that this heinous crime against humanity is a thing of the past and solely a Latin American experience. In its efforts to expose this malady and to bring the issue to the national and international attention, the Federation has become the voice of the thousands of voiceless victims and families of the disappeared in the world’s largest and most populated region, which now has the worst record of enforced disappearances cases, according to the recent annual reports of the UN Working Group on Enforced or Involuntary Disappearances. “

Excerpt of the AFAD 11th Anniversary Statement
 

4 June 2009 - A five-minute twister hitting the electric post at the University of the Philippines (UP) grounds suddenly darkened the Bulwagang Sala’am of the UP Asian Center, Diliman, Quezon City, where a public forum on the phenomenon of enforced disappearances in the Philippines was being held. I do not know if nature meant something about bringing darkness to the event. Suddenly, darkness came when testimonies of families of the disappeared were sharing their pain, their agonizing moments with the uncertain loss of their loved ones and the difficult journey of becoming strong again. While on the other side of the room, this “ blackout” clicked just when a lawyer, a human rights advocate in the Philippine House of Representatives who had been closely involved in the passage of the anti-disappearance bill signed his name on the registration form as an attendee of the AFAD’s forum and its 11th anniversary commemoration, dubbed, “Eleven Years of Trials and Triumphs Towards a World Without Desaparecidos.”

Not dazed with unlucky timing, the organizers ensured the continuation of the forum. Hon. Rene Sarmiento of the Commission on Elections, spontaneously presented the Writ of Amparo and the Writ of Habeas Data sans his powerpoint presentation. What could be more interesting to hear from Commissioner Sarmiento were the facts that there are legal safeguards protecting our basic right to life, liberty and security and that no amount of reason can explain the commission of gross and systematic human rights violations in Asia. Not even in saving a nation’s sovereignty or invoking state security can a human rights violation like enforced disappearance be justified. The writs of Amparo and Habeas Data are judicial remedies available to any person whose right to life, liberty and security is threatened and violated. These tools are recently availed of by the families of victims of enforced disappearances to determine the fate of their disappeared loved ones and to seek accountability so that justice can be meted out.

On the issue of the UN Convention for the Protection of All Persons From Enforced Disappearance and the Philippine House Bill 5886, i.e., the Anti-Enforced Disappearance bill, the Federation appreciates the significant contribution of the Commission on Human Rights (CHR) through Commissioner Cecilia Rachel Quisumbing in expounding the salient provisions of the said international treaty and the bill. For the CHR, both instruments are necessary to prevent the recurrence of enforced disappearances and to stop impunity. Furthermore, Honorable Quisumbing stated that all concerned governments must ratify this international treaty and enact an enabling mechanism criminalizing enforced disappearances so that pains caused by enforced disappearance will soon finally end.


Reactions from the religious group and the academe bolstered the AFAD’s existence for eleven years and inspired its much-needed sustainability beyond 11 years in view of the continuing crime of enforced disappearances. Fr. Junvic Diolata, Co-Executive Secretary of the Association of Major Religious Superiors (AMRSP) cited the AFAD’s important position vis-avis the campaign landscape for human rights. He recognized the Federation as a bulwark of support for victims of human rights violations which enjoys visible esteem and support from various agencies, both government and private sectors alike. Serving the marginalized for a long time, Fr. Junvic shared about the AMRSP’s project, the “Daluyan,” a channel and a haven for the victims of repression – those who are harassed and intimidated, whose rights are trampled upon and are victimized by arrest, detention and all forms of violence.

 

From the academe, analyzing the technicalities of the anti-disappearance law, Professor Edgardo Dagdag spoke about subjective links with cases of enforced disappearance through his college buddies in UP, Hermon Lagman, classmate and batch mate with whom he shared many experiences from 1964 to 1966 when both were Political Science students and Jessica Sales, his faculty colleague at the Department of Social Sciences, College of Social Sciences and Humanities, UP, Los Baños, Laguna. Professor Dagdag confessed that he is still grieving for them. He acknowledged the government’s commitment to comply with the procedural and substantive requirements of the country’s treaty obligations and nine other core human rights conventions of which the Philippines is a state party. However, the legislature has kept quiet on fast-tracking the passage of anti-disappearance bill and instead, prioritized other political agenda like charter change through the Constitutional Assembly. In his concluding observations, Professor Dagdag said that it is only with a law prohibiting and penalizing enforced disappearances in the Philippines could the victims and their families gather some hopes for adequate and impartial investigations, followed by immediate punishment of perpetrators as well as reparation. Additionally, he expected more public debates to be held regarding HB 5886 so that it could be made acceptable to as many sectors in Philippine society (including the ranks of soldiers and policemen) as possible.

Just when the lights at the Bulwagang Sala’am returned, Dean Aileen Baviera of the UP Asian Center capsulated the whole forum. In a nutshell, she spoke about the deprivations the families of victims of enforced disappearance are enduring up to the point when these families have been victimized themselves. Moreover, she put enforced disappearance in the context where basic respect for human dignity and tolerance for diversity on political views are not upheld and promoted. She further emphasized fundamental issues like the need to combat apathy coupled with the fear that is synonymous with enforced disappearance. For the “surfaced disappeared,” or a person who disappeared and came back alive, the past agony could indeed cause him or her to induce a self- administered anesthesia in order to let go of the excruciating pain. Wide indifference among those who are not directly hit by this human-made disaster would reflect the kind of state and society we are in, Dean Baviera further noted. Support for and response to enforced are a multi-sectoral exercise from the churches, academe, human rights organizations, the diplomatic community and the families of victims. They, including some government officials, all share the common objectives of ensuring law enforcement and law-making. She finally noted that there is no lack of action in addressing the crime of enforced disappearance both in the local and international fronts.

Towards the end of the forum, through a token of gratitude, expressed in the form of a plaque of appreciation, the Federation expressed its never-ending gratitude to the Canadian Embassy in Manila, through Mr. Mark Seniuk, the Second Secretary, which sponsored the event. An equal manifestation of gratitude was given to the UP Asian Center that co-sponsored this significant event, through Dean Baviera.

The activity concluded with anniversary rites where the disappeared from different countries were remembered through a kaleidoscope of photos splashed on screen. Mr. Joey Faustino a brother of a disappeared accommodated upon instant request, the facilitation of the 11th anniversary ritual. With lighted candles, participants read a number of solidarity messages from various parts of the globe. The most heart-warming of which was the message of Mr. Santiago Corcuera, Chairperson of the UN Working Group on Enforced or Involuntary Disappearances who called from Mexico a few minutes before the forum started (please see full text of his solidarity message on p.58).

“Despite the efforts by government and civil society, enforced disappearances continue throughout the world. These acts violate a range of human rights, including the right to security, right to a fair trial and right to a family life. Civil society, including a free and independent media, human rights defenders, and NGOs such as the Asian Federation Against Involuntary Disappearances are essential elements in the fight to preserve fundamental human rights and end enforced disappearances,” stated Mr. Mark Seniuk in his special message.

How could we be in a sad mood in the darkness of the venue while the program was progressing, when we could hear the loud voices and saw the tall presence of our friends led by the families of victims of enforced disappearance, human rights organizations, the academe, diplomats, churches, supportive individuals, government agencies and other NGOs? The strength of the solidarity is in itself a glow in the dark. The darkness of the night of the disappeared, however, always gives us a tincture of sadness, as Joey Faustino concluded the event with the reading of his poem, “ Whispering to My Kuya Gerry, ” to wit:


“ …T’was you, my brother,
they bruised and battered, but
so was I
Time will have to heal the
wounds of a now mystified and
muddled life.
Think I will ever get over the stupor of this
unexpected event,? asked I…”.


Yet, amidst this dark night, the bright stars of solidarity give us the much-needed hope that one day, truth and justice will emerge triumphant. On the occasion of its 11th anniversary, the Federation simply glowed in the dark because of the presence of friends and supporters, the flaming courage of the families of the victims, the unwavering stance against all forms of human rights violations and the openness for diversity of actions against the crime of enforced disappearance vis-à-vis the climate of impunity. Lest we forget, the glow in the dark was and will always be made possible through the guidance of the desaparecidos, whose spiritual presence, is like a shadow that would never ever leave us.

To close, may I share with you the following composition of Mrs. Edith Burgos as she shared her reflections on the disappearance of her son, Jonas.

This is how it is among us families of
victims of enforced disappearance. One
moment we are ‘normal’ doing what we are
doing, then the next moment, something
touches the heart and triggers an assortment
of emotions. . . then we are dazed into stillness,
tortured by thoughts of our missing.
It seems just like yesterday when the
family was shocked by the abduction of
Jonas. The hundred and one depths, lows
and extremes of rollercoaster-like emotions
remain fresh. The pain, the fears, the sorrow
still are present, but through the days, weeks,
months, years, we have been given the grace
to develop new eyes. . . much like sight of the
heart and not the vision of our eyes.

 

Emilia P. Aquino is a dentist by profession with a long engagement in the provision of direct health services to victims of human rights violations such as political detainees, victims of demolitions in urban-poor communities and workers on strike. She has worked with the Medical Action Group, Inc. (MAG) as an education officer and presently the Administrative Officer of the AFAD.


 


VOICE August  2009

 

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