Malacanang elated over move of Human Rights
Watch extolling President Aquino and Congress for passage of Anti-Enforced or
Involuntary Disappearance Act
The
Aquino administration expressed elation over the move of the Human Rights Watch
(HRW) lauding President Benigno S. Aquino III and the Congress for the passage
of the new law that criminalizes the enforced disappearances in the
Philippines, a Palace official said.
Presidential Spokesperson Edwin Lacierda
issued the statement in an interview aired over government-run radio station
Radyo ng Bayan on Sunday following the claim of the HRW that the newly-signed
law is the first of its kind in Asia and a major milestone in ending human
rights violations in the Philippines.
Human
Rights Watch is one of the world’s leading independent organizations dedicated
to defending and protecting human rights.
"We’re happy that they (HRW) have
acknowledged this particular measure," Lacierda said.
President
Aquino signed into law on Friday Republic Act No. 10350 otherwise known as the
Anti-Enforced or Involuntary Disappearance Act of 2012.
The new
law criminalizes the “arrest, detention, abduction or any other form of
deprivation of liberty by agents of the State.”
The
government vowed to effectively enforce the law in a bid to deter enforced
disappearances and address the problem of human rights violations, Lacierda
said.
"This is a move that shows the
determination and commitment of the Aquino administration to human
rights," he said.
In a
statement, the HRW said the Anti-Enforced or Involuntary Disappearance Act of
2012 closely reflects international legal standards on enforced disappearance.
“President Aquino and the Congress deserve
credit for acting to end the scourge of enforced disappearances in the
Philippines,” Brad Adams, HRW Asia director, said.
“This law
is a testament to the thousands of ‘disappearance’ victims since the Marcos
dictatorship, whose long-suffering families are still searching for justice.
The challenge now is for the government to move quickly to enforce the new
law,” Adams said.
The HRW
said the new law "reflects longtime recommendations by human rights
organizations to the Philippine government to address unacknowledged detentions."
"Anyone convicted of committing an
enforced disappearance faces a maximum sentence of life in prison and may not
receive an amnesty. Superior officers who order or are otherwise implicated in
a disappearance face the same penalty as those who directly carried out the
crime. The government cannot suspend the law even in times of war or public
emergency," the HRW said.
Under the
law, subordinates can defy unlawful orders of superiors for the commission of
enforced disappearances. It also calls for periodic update of registry of all
detained persons in detention centers, and the law prohibits existence of
secret detention facilities.
The
victims and kin could ask for compensation, restitution and rehabilitation
under the new law. The severest penalty for violating the Anti-Enforced or
Involuntary Disappearance Act of 2012 will be Reclusion perpetua .
It also
mandates that Human Rights organizations shall participate in the crafting of
the Implementing Rules and Regulations of the law. PND (js)
