The right to the truth or "the right to know the truth" is now widely recognized under international law as an indispensable aspect of justice. In case of enforced disappearance, this means the right of the victims’ families to know the circumstances of the disappearance of their loved ones, the progress and results of any investigations, establishing with certainty the fate and whereabouts of the victims, and the identity of those responsible. Establishing the truth is therefore a necessary step towards ending impunity.
While the search for truth is a requisite for justice, all victims of human rights violations should be treated with humanity and respect for their dignity regardless of whether the perpetrators of such transgressions are identified, apprehended, prosecuted, or convicted. It is the duty of the state to undertake appropriate measures to provide them with adequate, effective and prompt reparation as a humanitarian act of redressing violations committed against them.
In the Philippines, just like in many Asian countries, the government gives more emphasis to national reconciliation than in establishing the truth and attaining justice. The former cannot be achieved without the latter. When President Benigno Aquino III (PNoy) assumed power, his government was apparently bent on holding his predecessor, Gloria Macapagal Arroyo accountable for all violations and abuses committed during the nine years of her administration. Nonetheless, the government’s efforts have fallen short of providing justice and accountability as these steps do not attempt to uncover the truth behind the commission of the said violations and abuses and to provide redress to the victims and their families. PNoy’s Executive Order No. 1 creating a truth commission, was only intended to investigate reports of large scale graft and corruption by the Arroyos and not to cast a wider net for breaking the culture of impunity.
But lest we forget, the road to genuine reconciliation is trodden not by obliterating our dark past but by revealing the truth and attaining of justice. With this in mind, the Asian Federation Against Involuntary Disappearances (AFAD) and the Families of Victims of Involuntary Disappearance (FIND), in our joint observance of the March 24 International Day for the Right to Truth regarding gross human rights violations and the dignity of victims which the United Nations General Assembly proclaimed through a resolution adopted on December 21, 2010, are conducting a mini film expo on the global phenomenon of enforced or involuntary disappearance aimed at raising public awareness on human rights.
It is also important to note that in September 2011, the United Nations Human Rights Council resolved to establish a mandate for a special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence of serious crimes and gross violations of human rights. The said resolution is implemented in 2012.
Furthermore, March 24 is also a day of remembrance for those who have devoted and sacrificed their lives in the struggle to promote and protect human rights for all, particularly El Salvador’s Monsignor Oscar Arnulfo Romero who was assassinated for his courageous work of defending the rights of the Salvadoran people while he was celebrating a mass in San Salvador on March 24, 1980.
Today, many are still being violated, killed and made to disappear without public knowledge or any means to seek justice. May this commemoration serve as a reminder for all of us that truth is the only way to set us all free from the bondage of the utter absence of justice.
Signed and authenticated by:
MUGIYANTO | MARY AILEEN D. BACALSO |
Chairperson | Secretary-General |