The Right Not to be Disappeared: Notes on the International Convention on Enforced Disappearance and the Philippines’ Current Legal Framework to Address Enforced Disappearance

The Philippines has the highest number of cases of enforced disappearance in the Southeast Asian region and one of the highest in Asia. Yet, of the core human right treaties, excluding optional protocols, the International Convention for the Protection of all Persons from Enforced Disappearance remains to be the only instrument that the Philippines has not yet acceded to. In its place, various domestic laws and rules have been enacted to address concerns on state-sponsored enforced disappearance. The Supreme Court has, however, recognized the binding nature of the terms of the Convention on the Philippines, premised on the incorporation of generally accepted principles of international law in domestic law. This paper explores and analyses the Philippine framework on protecting people from enforced disappearance and how the Convention, despite its non-ratification by the Philippines, remains relevant therewith.