Some people think that the truth can be hidden with a little cover-up. But as time goes by, what is true is revealed.

Eight long years and the family of Jonas Burgos continues to suffer from the agony of uncertainty about his safety and fate. Before he was forcibly disappeared on 28 April 2007, he was a member of the Alyansa ng mga Magbubukid sa Bulacan, who practiced and promoted sustainable organic farming in San Miguel, Bulacan and shared his knowledge on ecologically-friendly and economically-viable sustainable agriculture techniques to marginalized, smallholder farmers and peasants.

Based on the decision on the writ of habeas corpus and the writ of amparo filed by Jonas’ family, the Court of Appeals in 2013 found, after intermittent hearings, and ruled that the military and the police are accountable for Jonas Burgos’ abduction but the perpetrators are consistently denying their responsibility of the crime.

Jonas Burgos’s whereabouts have not been known since he was abducted on 28 April 2007 while having lunch alone in a restaurant at a mall along Commonwealth Avenue in Quezon City, forcibly dragged away by a group of men and a woman.

Not knowing the whereabouts and fate of Jonas Burgos, his family has for eight years been suffering mental anguish. His family’s relentless search for truth and justice has earned for them the ire of the alleged perpetrators and they themselves are subject to harassment.

Under Article 2 (Part 1) of the International Convention for the Protection of All Persons from Enforced Disappearance, “enforced disappearance” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or any concealment of the fate or whereabouts of the disappeared person, which places such a person outside the protection of the law. The case of Jonas Burgos has already been considered by the Court of Appeals as enforced disappearance based on this definition even prior to the enactment of the anti-enforced disappearance in the Philippines.

The Asian Federation Against Involuntary Disappearances (AFAD), reminds the Government of the Philippines of its moral obligation as a member state of the United Nations to promote universal respect for and observance of human rights and fundamental freedoms.

Enforced disappearances in the Philippines are continuing even after the ouster of the late dictator, Ferdinand Marcos. In 1980, 782 cases of enforced disappearance were transmitted by the United Nations Working Group on Enforced or Involuntary Disappearance (WGEID) to the Philippines, of which 621 cases remain outstanding. Reportedly, a total of 21 persons have been victims of enforced disappearance in the Philippines from 2010-2014.

The law is a welcome development for human rights in the Philippines. It did not only adopt the definition of enforced disappearance from the Convention, but it has criminalized enforced disappearance. Yet the
Government has yet to show its political will to implement this first and only anti-disappearance law in Asia.

To complement the domestic law, AFAD is urging the Government of the Philippines to sign and ratify the United Nations’ Convention on the protection of All Persons from Enforced Disappearance to show its sincerity of adherence to international human rights norms.

In line of the commemoration of the 8th anniversary of the enforced disappearance of Jonas Burgos, the Asian Federation Against Involuntary Disappearances strongly appeals to President Benigno Simeon “Noynoy” Aquino III to prosecute all those involved, directly and indirectly, to the fullest extent of the law. Enforced disappearance is a continuing crime in the cruelest form since it affects both the victim and the surviving family. It is a crime against humanity.

SURFACE Jonas Burgos NOW! Bring to justice all the perpetrators. End the list of enforced disappearance now and provide justice, psychosocial support and reparation to the victims’ families.

The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is (Winston Churchill).

Signed and authenticated by:

KHURRAM PARVEZ
Chairperson

MARY AILEEN D. BACALSO
Secretary-General