Cuerdo, Ruth Ann P. Media Killings under the Culture of Impunity in the Philippines

Freedom of Expression and the Media

“Everyone has the right to freedom of expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” according to Article 19 of the Universal Declaration of Human Rights. Ideally that was the case, but what happens when this right to freedom becomes hampered in a country that was ironically deemed as being the freest in Asia. The Philippine media has been known for its “long tradition of respect for free expression” which we could be traced back during the American period of administration where the freedom of the press was said to be recognized (Pineda-Ofreneo, as cited in ARTICLE 19 & Center for Media Freedom & Responsibility [CMFR], 2005). This commitment to free expression, right to information and freedom of the press was then continued in the first Philippine Republic (Malolos Constitution in 1899) that was about more than a hundred years ago, and was expanded through the succeeding Constitutions in the country (Teodoro & Kabatay, cited in ARTICLE 19 & CMFR, 2005).

However, regardless of the having a liberal tradition along with liberal laws, still there was no guarantee for the full exercise of the freedom of expression and the freedom of the press, as it was also challenged in the different administrations that have passed (ARTICLE 19 & CMFR, 2005). Even today, the right to freedom of expression that was supposed to claim as our right is still continually being challenged to the extent of being defied by the culture of impunity in the Philippines. One extreme and alarming manifestation of the challenges in relation to fully observing our right to freedom of expression is the longstanding, ongoing and inflaming extrajudicial killings of our media practitioners.

The Advent of Media Killings (Emergence of the Social Problem)

From decades ago up to the present, the killing of media practitioners is considered as one of the most troubling issues of free expression, a problem that has gained our attention, and has been there since 1986 (ARTICLE 19 & CMFR, 2005). It was presumed that the people behind the murder of some “prominent journalists” during those times were local politicians and their trusted policemen as their “response” to the criticisms by the journalists that were killed (Philippine Journalism Review, as cited in ARTICLE 19 & CMFR, 2005). As for today, it was mostly the individuals and groups that were involved in corruption and criminal acts and that were exposed by the journalist/media practitioners were seen as the mastermind behind the killings, which was deemed as their response against the journalists (CMFR, 2013).

Prevalence of Media Killings in the Philippines (from 1986 until February of 2014)

According to the CMFR database on the killing of Filipino journalists/media practitioners (as of February, 2014), there has been a total of 209 cases of killing of Filipino journalists/media workers (by motive) since 1986, wherein 139 (67%) were killed in the line of duty, and 70 (33%) were not work related. According to the database, 80 out of the 139 work related cases were killed under the Arroyo administration, while there were 21 cases during the late Aquino administration.

Among the island groups in the Philippines, Mindanao was recorded as having the most number of cases with 80, while Luzon has 46 and Visayas with the remaining 13 cases. Looking at the gender, it can be seen that the majority of the victims were male (130 cases, 94%), while the female would only sum up to 9 cases (6%). Regarding the medium of their work, it can also be concluded that majority of the journalists/media workers that were killed since 1986 worked solely for radio with a total of 60 cases out of 139, next to them worked for print with 55 cases of individuals that has been killed. It was notable to mention that majority of the journalists/media workers that were killed (work-related) were based in the provinces, with ARMM as having the most number of killings summing up to 34 cases since 1986, which would include the 32 journalists/media workers that were killed in the Ampatuan Massacre last November 23, 2009.

The Notorious Ampatuan Massacre in Maguindanao

The dreadful event was said to have “shocked the world and struck a deep blow against freedom of expression, democracy and the rule of law” and now deemed as the “worst single-day attack on media professionals in recorded history” as stated by Irina Bokova, Director-General of UNESCO in Crimes and Unpunishment: The Killing of Filipino Journalists (2012), a research work in accordance to UNESCO’s advocacy in promoting freedom of expression and promoting the safety of journalists. The International Crisis Group (ICG) also called the attack as “one of the worst acts of political violence in modern Philippine history, and the largest number of journalists slain on a single day ever, anywhere in the world” (Win, 2013).

November 23, 2009, the dreadful date that everyone will remember as the worst single attack towards the Philippine press. This notorious massacre that happened in Maguindanao have captured even the attention of the International Freedom of Expression Exchange (IFEX), leading them to assigned November 23 of every year as the International Day to End Impunity (IDEI), which sought to remind us all that the “murders should never happen again” as stated by Herminio Coloma Jr., Vice Chair of UNESCO National Commission of the Philippines in Crimes and Unpunishment (2012).

Beyond the Numbers

Along with these instances, it was also important to look at the advent of media killings in the country as a problem long before these numbers have reached the level they were now. In understanding the increasing numbers of extrajudicial killings among journalists/media practitioners in the country, not to mention how many of them were still not given justice, one must look at them as not just merely numbers of death that will affect the mortality rate of the country. They were people that were killed mostly for the reason of doing what their supposed to do as journalists, which was to present unbiased and accurate information to the public. It was not just about numbers, it was about the lives of these individuals, lives that should have and would have contributed to the development of our society. The loss that was felt by their families, was also a loss felt by the whole society. The long cry for justice of the people they have left was also our long awaited cry for justice, to end these killings, and to further end impunity. “Attacks on journalists are also attacks on the press as a pillar of democracy”, the killings affected the capability of the press in helping to create a more informed public that was deemed as important to a democratic society. Violence against them can also be seen as a manifestation of a culture of violence fostered by the culture of impunity which was “deeply destructive of our development, of our country, and of our people” (CMFR, 2013). As their voices were put to silenced, hundreds of lives were taken, along with their responsibility to adhere to our right to information and the right for freedom of expression. Hundreds of families were left broken, most of them were still longing for justice which would have seem very difficult for one to claim as long as we were under the culture of impunity, which furthermore intensified, and most likely sustained the problem of media killings in the country.

Media Killings, an afflicting problem in the Philippines (Legitimation of the Social Problem and Mobilization of Action)

Recognition of the Stirring Problem

The increasing and seemingly unending incidences of media killings in the country undeniably caused an alarm to various sectors of the society. This was again further intensified by the series of killings just before the year 2013 ended. A “terrible coincidence” as they may have said, when three journalists have been murdered just between the International Day to End Impunity (IDEI on 23 November) and the International Human Rights Day. These incidents in turn marked the reputation of the country as one of the “world’s most dangerous countries for journalists”, and the sole country in Southeast Asia where (12) journalists were killed during 2013 (Southeast Asian Press Aliance [SEAPA], 2013).

According to the Committee to Protect Journalist [CPJ], the Philippines ranked third for the fourth consecutive year for having the worst CPJ’s Impunity Index which was indicated by the number of unsolved (no convictions have been obtained) journalist murders as percentage of each country’s population. It was said that the “lack of convictions in the Maguindanao massacre case has entrenched the country's position on the index”. In addition to that, the Philippines have also ranked as the second deadliest country for journalists, only second to Iraq according to the CPJ research, wherein most of the journalists that were killed covered politics or corruption (CPJ, 2013).

In addition to that, the United States also viewed media killings in the country as “deeply troubling”, as stated by Philip Goldberg, US Ambassador to the Philippines; he also stressed that the Philippines being a democratic country is in need of a free press. Although the President said that he is determined in dealing with the murders, local press watchdogs have noticed that the “masterminds behind the killings often go unpunished”, all could be attributed back to the culture of impunity (Agence France-Presse, 2014).

A Call for Action, to Stand for Justice

Even before the 2009 tragic incident, international media groups have protested and demanded the Arroyo administration to respond to the killings of Filipino journalist more seriously and to put an end to the culture of impunity. In relation to that, the International Day of Action Against Impunity and for the Safety of Filipino Journalists was organized by the International Federation of Journalists (IFJ), having more than 500,000 members around the world (Espina, 2007).

Recently, in the Philippine Senate, Sen. Pimentel III, Chair of the Senate Committee on Justice and Foreign Affairs, said that he would call for a “Senate investigation into the series of media killings”, he also called on to the police to step up in their fight against the criminals, as well as to make every effort in order to arrest the suspects and determine the mastermind behind the series of killings in Mindanao (as cited in Bordadora, 2013). In relation to the said killings, the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) has called on the Philippine National Police (PNP) to respond and take action to the series of media killings in the Philippines. KBP was alarmed after 3 media personalities was subsequently killed just within two weeks, having no suspect pointed out by the police. Basbano, KBP National President also said that the PNP should do their best in arresting not only the gunmen but also the mastermind behind the killing (Kaga, 2013).

An international media watchdog, Reporters Without Borders (RSF) being alarmed by the latest media killings in the Philippines has “called on authorities to punish the perpetrators”. RSF also added that “impunity breeds more violence, which will only be stopped by exemplary punishments” (as cited in Felongco, 2013). In addition to that, Human Rights Watch (HRW), a New York-based rights watchdog once again denounced the government for failing to end media killings as stated in its latest annual report. According to HRW, the “failure of the government to arrest, prosecute and convict perpetrators of media killings and human rights abuses has reinforced the continuing climate of fear and culture of impunity in the Philippines” (as cited in Espejo, 2014).

Aside from the year 2009 where 32 journalist/media workers were killed in the infamous massacre, the year 2013 was also considered as one of the “deadliest years” for the Philippine press members, when 12 were killed, including the three that were killed just within a week according to the National Union of Journalists in the Philippines (NUJP). In addition to that, among the journalists and media workers killed under the current administration, there were only 6 cases that involved the arrest of the suspects, and only 2 that were arrested were convicted (HRW, as cited in Espejo, 2014). Carlos Conde of HRW also said that “the Aquino administration needs to declare that the attacks on journalists are a national catastrophe that threatens fundamental liberties” and that the Philippine government must interfere in the battle fought by the press, than just “ignore it”, referring to the statement by the Presidential spokesman Herminio Coloma Jr., wherein he said that media killings in the country were “not so serious” (as cited in Olea, 2013). And just as contradictory as that statement, is the fact that the Philippines was known as among the freest country in the world, yet “the price of this liberty freedom was paid by some media practitioners with their own blood” (Felongco, 2013). To be Free from the Price of Freedom (Formation and Implementation of the Plan of Action)

Journey towards the End of Violence

In search for solutions, CMFR conducted a study to understand the pattern in the killings of journalists (2002-2005), and then they proposed in their report some steps that can be done “to minimize the potential harm for journalists”. These could be done by “providing journalists with safety and security training, and assisting those who are threatened with stronger legal defense” (Philippine Center for Investigative Journalism [PCIJ], 2005).

During the Arroyo’s administration, they issued the Administrative Order 181 in 2007 which would require the directing of the “cooperation and coordination between the national prosecution serviced and other concerned agencies of government for the successful investigation and prosecution of political and media killings”. In accordance to that, the act of killing the members of the media was also considered as human rights violation, wherein “finding a definitive solution to these killings is of the utmost priority” (Official Gazette of the Philippines,2007).

In 2010, the Philippine National Police published the Handbook on Personal Security Measures for Media Practitioners, which was a part of the ongoing efforts in providing protection for the journalists that were face with threats in relation to their duty. As stated by Director General Bacalzo, PNP Chief, “the intention is to provide media practitioners with the basic knowledge and practical skills in securing themselves and their family, determining possible threats and improving communications among all concerned including local PNP units” (PNP, 2010).

Under the current administration, the President has committed to “relentlessly pursue the perpetrators of media killings in the country”, despite the concerns and issues raised by international organizations (Calica, Lee-Brago, & Katigbak, 2013). Moreover, in the Senate, Sen. Grace Poe has also filed a resolution which calls for “a review of government efforts to end media violence in the country”. In her Senate Resolution (SR) No. 533, she stated that "Media killings have no place in a democratic country like the Philippines". SR 533 demands the Senate committee on public information and mass media and the committee on justice and human rights to probe for the intervention of the government in addressing the killings of media practitioners and the protection of journalists (Senate of the Philippines, 2014). While in the Lower House, Bayan Muna representatives Neri Javier Colmenares and Carlos Isagani Zarate have also filed a resolution which condemned the “continuing media killings and urging Aquino to carry out comprehensive and concrete actions to bring the perpetrators before the bar of justice”. It was mentioned under the House Resolution 526 that “forming local task forces every time a journalist is killed is hardly comprehensive action to address a larger problem of weak law enforcement and a tolerated culture of impunity” (as cited in Olea, 2013).

Putting it all into Action

According to COLOMA, Jr. (UNESCO, 2012), the responses to the killings that have happened ranged from political interventions through protest actions, public statements, meetings with government officials to activities related to the media such as the training of journalists on safety and ethics, providing support to families of slain journalists, monitoring and documentation. These actions were employed by different media advocacy groups in the country such as the Philippine Press Institute (PPI), Center for Media Freedom and Responsibility (CMFR), Kapisanan ng mga Brodkaster ng Pilipinas (National Association of Broadcasters), National Union of Journalists of the Philippines (NUJP), National Press Club (NPC), Center for Community Journalism and Development (CCJD), and the Freedom Fund for Filipino Journalists (FFFJ).

Most of what was mentioned above, were just actions, actions that may prevent or lessen the damage; the hurt that was already brought by the violence against the media, what we are still lacking was the effective implementation of the concrete action toward finally putting a period in the longstanding occurrences of media killings in the country. To give a concrete view of the justice system that our country has towards media killings, we can take a closer look again in the Ampatuan Maguindanao Massacre, an incident that will forever be marked in the history of media violence. It has been more than four years since 58 people were slaughtered, including 32 media workers, an incident that we could relate to electoral violence leading also to media violence. Yet, in those four years, the injustice still remains, along with the persisting killings of media practitioners. Looking at these particular case of long withstanding injustice among others, we can say that this was not just an isolated problem, this was a problem not just felt by the people that were directly affected, this was a problem that we can traced back not to a single mastermind or individual but rather to the system of governance that in a way allowed the “corrupt politicians and warlords to flourish in the regions and provinces in exchange for their loyalty and support” (NUJP, 2013).

Each media killing was not an isolated case, or a coincidence as they may say but rather a result of the “twisted system”, the impunity, the idea that one can easily get away with the crime that one has committed, that all resulted to the prolonged killings. The killings of media workers will still continue in the midst of these attempted actions as long as there remains the system of injustice that was encouraged by the culture of impunity. Four years after the incident, and still “the only way we will ever find justice and the freedom to fully enjoy our rights is to lay claim to them, to seize them and, once we have them, to nurture them and jealously guard them against all those who would keep them from us (NUJP, 2013).

Furthermore, according to the United Nations deputy general Jan Eliasson as he pleaded for the government to increase its effort in stopping the killing of journalists, “more than 90 percent of the cases of summary killings of media people in the country remain unsolved” (as cited in Fabunan, 2013). Lastly, in his own words (quoted by Fabunan, 2013) “every time a journalist is killed or intimidated into silence, there is one less voice to speak on behalf of the victims of conflict, crime and human rights abuse, one less observer of the efforts to uphold rights and ensure human dignity”.

References

Agence France-Presse. (2014, February 24). US says Philippine media murders are deeply troubling. Inquirer Global Nation. Retrieved from http://globalnation. inquirer.net/99403/us-says-philippine-media-murders-are-deeply-troubling
ARTICLE 19 & Center for Media Freedom & Responsibility. (2005). Freedom of expression and the media in the Philippines. In a series of baseline studies of seven Southeast Asian countries. Retrieved from http://www.article19.org/data/ files/pdfs/publications/philippines-baseline-study.pdf
Asian Institute of Journalism & Communication & United Nations Educational, Scientific and Cultural Organization. (2012). Crimes and Unpunishment: The killing of Filipino journalists. (F. Rosario-Braid, C. Maslog, R. Tuazon, Eds.). Retrieved from http://www.unesco.org/new/en/ media- services/singleview/news/crimes_ and_unpunishment_new_publication_ relates_killings_of_filipino_journalists/
Bordadora, N. (2013, December 14). Senate to probe media killings. Inquirer News. Retrieved from http://newsinfo.inquirer.net/546033/senate-to-probe-media- killings
Calica, A., Lee-Brago, P., & Katigbak, J. (2013, December 15). Noy vows justice in media killings. The Philippine Star. Retrieved from http://www.philstar.com/ headlines/2013/12/15/1268192/noy-vows-justice-media-killings
Center for Media Freedom and Responsibility. (2013, September 12). Killing of journalists continuing. Inquirer Opinion. Retrieved from http://opinion.inquirer.net/60943/killing-of-journalists-continuing
Center for Media Freedom & Responsibility. (February, 2014). CMFR database on the killing of Filipino journalists/media workers since 1986. Center for Media Freedom Responsibility Research and Analysis. Retrieved from http://www. cmfr-phil.org/flagship-programs/freedom-watch/research-and-analysis/
Committee to Protect Journalists. (2013, May 2). Getting away with murder. Committee to Protect Journalists Special Reports. Retrieved from http://www.cpj.org/ reports/2013/05/impunity-index-getting-away-with-murder.php
Committee to Protect Journalists. (n.d.). Philippines. Attacks on the Press in 2013. Retrieved from https://www.cpj.org/ 2014/02/attacks-on-the-press-in-2013- philippines.php
Espejo, E. (2014, January 2). Rights watchdog says Philippines fails to protect journalists. Asian Correspondent Asia News. Retrieved from http://asiancorrespondent.com/ 118707/human-rights-watchdog-again-scores-ph-government/
Espina, N. (2007, February 23). Journalists worldwide demand solution to RP media killings. INQUIRER.net, Philippine News for Filipinos. Retrieved from http://globalnation.inquirer.net/news/news/view/20070223-51230/Journalists-worldwide-demand-solution-to-RP-media-killings
Fabunan, S. (2013, July 19). Media killings in PH 90% 'unsolved'. Manila Standard Today. Retrieved from http://manilastandardtoday.com/2013/07/19/ media-killings-in-ph-90-unsolved/
Felongco, G. (2013, August 13). International media watchdog 'dismayed' over continued killing of journalists in Philippines. Gulfnews.com, Newsletter. Retrieved from http://gulfnews.com/news/world/philippines/international-media-watchdog-dismayed-over-continued-killing-of-journalists-in-philippines-1.1216329
National Union of Journalists of the Philippines. (2013, November 23). Ampatuan massacre: Impunity working at its worst after four years. National Union of Journalists of the Philippines. Retrieved from http://www.nujp.org/2013/11/ ampatuan-massacre-impunity-working-at-its-worst/
Official Gazette of the Philippines. (2007). Administrative Order No. 181. Official Gazette. Retrieved from http://www.gov.ph/2007/07/03/ administrative-order-no-181-s-2007/
Olea, R. (2013, December 13). Act on media killings, gov’t told. Bulatlat. Retrieved from http://bulatlat.com/main/2013/12/13/act-on-media-killings-govt-told/
Philippine Center for Investigative Journalism. (2005, September 8). In search of solutions to media killings. The PCIJ Blog. Retrieved from http://pcij.org/blog/2005/09/08/in-search-of-solutions-to-media-killings
Philippine National Police. (2010, October 11). PNP publishes security handbook for journalists.PNP News. Retrieved from http://pnp.gov.ph/portal/index.php/ press-news-releases/latest-news/198-pnp-publishes-security-handbook-for-journalists
Senate of the Philippines. (2014, March 5). Grace Poe: Strengthen efforts to end Media killings. Press Release. Retrieved from http://www.senate.gov.ph/press_release/ 2014/0305_poe1.asp
Southeast Asian Press Alliance. (2013, December 13). Urgent and decisive response needed to curb media killings. Southeast Asian Press. Retrieved from http://www.seapa.org/?p=8637
Waga, B. (2013, December 12). KBP tells PNP: Solve media killings now. Kicker Daily News. Retrieved from http://kickerdaily.com/kbp-tells-pnp-solve-media- killings-now/

Win, T. (2013, August 9). Rights group urges action over journalist killings in Philippines. Thomson Reuters Foundation. Retrieved from http://www.trust.org/item/ 20130809101540-v57od/