AFAD and FIND Joint Statement on the International Week of the Disappeared

Every last week of May, organizations of the families of the disappeared and human rights advocates worldwide commemorate the International Week of the Disappeared (IWD) following the Latin American tradition which successfully brought to international attention the global phenomenon of enforced disappearance and the imperative for a global response.

Enforced disappearance is a continuing affront to human dignity, civil rights and liberties as well as violations of economic, social and cultural rights. It continues to inflict untold sufferings not only on victims but also on their families. It is committed when a person is deprived of liberty by the state or agents of the state, and information on the whereabouts of the missing is concealed or denied.

After more than three decades, the IWD has continued to inspire families of the disappeared, particularly in Asia where enforced disappearance persists and continues unabated, to remain resolute in their search for truth and to demand accountability and guarantees of non-repetition.

In fact, the consolidated efforts of the organizations of families of the victims and human rights groups around the world have successfully paved way to the universal recognition and eventual adoption of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED) by the United Nations General Assembly in 2006 and its entry into force on 23 December 2010. To date, there are already 91 Signatories and 38 States-Parties to this Convention.

The Philippines, however, is not one of them. Although it has recently made history for being the first in Asia to legally define and penalize the act of enforced disappearance through the enactment of Republic Act No. 10353 otherwise known as the “Anti-Enforced or Involuntary Disappearance Act of 2012” on 21 December 2012 and the promulgation of its Implementing Rules and Regulations (IRR) on 12 February 2013, for some undeclared reasons, the Philippines has yet to sign and accede to the ICPAPED.

The new law, which is a significant step towards combating impunity and guaranteeing substantial remedies, introduces restitution as a reparative measure, which is still quite new to our legal system. Thus, we are organizing a roundtable discussion (RTD) on Restitution on 28 May 2013 at the House of Representatives to afford all stakeholders a venue to exchange ideas on substantive and procedural matters on restitution. We aim to have a common understanding of the concept of restitution and the necessary operational mechanisms for its provision.

The domestic law, however, should be complemented by the ICPAPED. It is in this light that we are organizing a Roundtable Discussion on 30 May 2013 at the Ateneo Professional Schools, Makati City on the Imperative for the Philippines to accede to the ICPAPED.

In the observance of the International Week of the Disappeared, we take this opportunity to pay tribute to all desaparecidos as we pledge our unequivocal commitment to continue our quest for the truth, to bring those responsible to justice, and to redeem the dignity of the victims and their families.

Whether we are campaigning in the streets, lobbying Congress and Malacanang, or engaging in roundtable discussions, the memories of our dear desaparecidos always inspire us to carry on the struggle to free the world from enforced disappearance and other forms of state violence.