Human rights groups have lauded Congress for the passage of a bill criminalizing enforced disappearances. The Anti-Enforced or Involuntary Disappearance Act of 2012 now awaits the signature of the only son of Ninoy Aquino, the most prominent human rights victim of martial law.
The bill is a landmark in human rights in this country, where involuntary and enforced disappearances continued even after democracy was restored in 1986. The devil, as in many other important pieces of legislation, is in the details. Implementing rules and guidelines will have to ensure that the protection of human rights will be balanced with national security requirements. Even now, what could delay the enactment of the law are concerns that may be raised by security officials on certain provisions in the measure. Similar concerns were set aside in the enactment of the Human Security Act, and now it is a largely useless piece of legislation that law enforcers do not want to apply in counterterrorism.
Once the measure on enforced disappearances is enacted and the implementing rules finalized, the next step is effective enforcement. Mechanisms must be in place to encourage whistle-blowers and protect witnesses. With the victims or their remains rarely found, cases of enforced disappearances perpetrated by state forces can be tough to prove. An entire unit can be involved in the crime, and unit members tend to protect each other. Often, the only link that can be established between perpetrator and victim is the word of a witness, as in the case of the kidnapping and torture of University of the Philippines students Sherlyn Cadapan and Karen Empeño. Retired Army Maj. Gen. Jovito Palparan, indicted for the crime, has denied his involvement.
The Anti-Enforced or Involuntary Disappearance Act of 2012 will be the first of its kind in Asia. If properly implemented, it will put an end to atrocities such as the one suffered by Cadapan and Empeño. President Aquino should sign the measure into law.