Category Archives: Urgent Alert

[Urgent Alert] Judicial harassment of ten human rights defenders -Front Line Defenders

6 March 2020

On 2 March 2020, human rights defenders from Karapatan, Gabriela and the Rural Missionaries of the Philippines received a court notice sustaining a motion filed by a government official, finding probable cause to charge the human rights defenders with perjury.

Karapatan is an alliance of individuals, groups and organisations, formed in 1995 for the promotion and protection of human rights in the Philippines. It is committed to the defence of people’s rights and civil liberties through education, training, advocacy, research and network building. Gabriela is a grassroots-based alliance that organises Filipino women, primarily from marginalised sectors of society, and helps empower and train them to fight for their rights and interests through collective action. The organisation provides direct services to marginalised women including counselling services, medical missions, relief and rehabilitation in times of disaster, as well as capacity building training on women’s rights. The Rural Missionaries of the Philippines is a church-based national organisation, comprising priests and laypersons. The group empowers farmers, fisherfolk and indigenous peoples, and educates them on their rights.

On 2 March 2020, human rights defenders from Karapatan, Gabriela, and the Rural Missionaries of the Philippines received a court notice informing them that on 24 February 2020, a Quezon City Prosecutor had granted a motion for reconsideration, finding probable cause to charge the human rights defenders with perjury.

In May 2019, the human rights defenders had filed a petition for a writ of Amparo citing the increasing attacks, smear campaigns and red-tagging1 of human rights defenders by the Philippine military. However, on 28 June 2019, the Philippine Court of Appeals denied the petition. A government official, who had been named in the petition, filed perjury complaints against the human rights defenders for allegedly including false information.

In September 2019, an assistant Quezon City prosecutor dismissed the complaints against all but one human rights defender. Following this, the government official filed a motion for reconsideration of the dismissed complaints. On 24 February 2020, the Quezon City prosecutor sustained the motion and found probable cause to charge ten individuals with perjury. According to the Philippines law, perjury is punishable by imprisonment from six months to two years and two months. Some of the human rights defenders have applied for anticipatory bail ahead of the issuance of the warrants for their arrest.

This is not the first time members of these organisations have been intimidated and attacked. The human rights defenders have been wrongfully charged, threatened on social media, physically attacked and even accused by officials of having links to armed communist groups in the past.

Front Line Defenders is deeply concerned by the increasingly hostile environment for human rights defenders in the Philippines. It urges the government to stop the judicial harassment of human rights defenders as it believes they are being targeted for their legitimate and peaceful work for the protection of human rights.

Front Line Defenders urges the authorities in the Philippines to:

Immediately cease the judicial harassment of the human rights defenders from Karapatan, Gabriela and the Rural Missionaries of the Philippines, as it is believed to be solely motivated by their legitimate and peaceful work in defence of human rights;

Take all necessary measures to guarantee the physical and psychological integrity and security of the human rights defenders, in consultation with them;

Carry out immediate, thorough and impartial investigations into the attacks, smear campaigns and red-tagging of human rights defenders by the Philippine military;

Take measures to ensure that government officials refrain from stigmatising the legitimate work of human rights defenders;

Cease targeting all human rights defenders in the Philippines and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

1 “Red-tagging” refers to the broad trend of labelling by the Philippine authorities of human rights defenders, journalists, rural communities and others perceived as threats or enemies of the State, as having links to communist groups.

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[Urgent Alert] Offices of three people’s organizations in Bacolod, home of 2 activists in Metro Manila raided -KARAPATAN

Karapatan strongly condemns the raid of the offices of Gabriela, Bayan Muna and the National Federation of Sugar Workers (NFSW) in Bacolod City on the evening of October 31, 2019. Police operatives used a search warrant issued by Executive Judge Cecilyn Burgos-Villavert of Branch 89 of the Regional Trial Court in Quezon City to target the three offices. The use of search warrants has become a trend increasingly used in Negros, which makes offices and individuals vulnerable to the planting of evidence. With the leadership of state forces in Negros who have been given the go signal by the Duterte government to kill, lie, fabricate, and unleash State terrorism to the full, the recent incidents indicate a full-blown crackdown on activists and red-tagged legal organizations.

Suspiciously, the search warrant used in the raid in Negros was issued by a court from Quezon City. Back in March 2019, the search warrant used for the simultaneous operations targeting peasant activists in Negros was also issued from a different region, particularly in Cebu. As of this writing, Karapatan is still trying to verify additional information on the said incident, including the reported warrantless arrests of several individuals.

We stand with these organizations and assert that these attacks are acts of reprisal for the campaigns and criticisms raised by these organizations against the government’s failures. All three organizations are operating legally, and to allege that they are “legal fronts” of the Communist Party of the Philippines is baseless. Lest we remind this government, freedom of association and the right to petition the government for redress are enshrined in the Constitution. Criticism and protest should not be tantamount to incessant red-tagging and political persecution. Likewise, this incident attests to the dangers individuals and organizations face amid red-tagging. It is a reminder that red-tagging is a prelude to graver violations.

Karapatan also links this crackdown in Negros to the recent arrests in Metro Manila, involving an activist couple. At around 5am today, October 31, Cora Agovida, Gabriela Metro Manila spokesperson and Mickael Tan Bartolome, Kadamay Metro Manila member, were illegally arrested by operatives who forcefully entered their home. Operatives of the CIDG and the Metro Manila Police District (MPD) allegedly showed a search warrant.

This is another case indicating a crackdown against activists. All elements, including the use of illegal possession of firearms and explosives to charge activists, are glaring in this latest arrest targeting critics of the government.

These arrests are orchestrated, following a trend and now concentrated in specific areas. The monsters who have used Negros as a laboratory for harrowing human rights violations are now terrorizing Metro Manila.

Negros and Metro Manila are hotspots. Along with martial law in Mindanao, the de facto martial law in Negros under Memorandum Order No. 32, and the Implan Kalasag in Metro Manila, we are to face the worst. This is on top of operations manned by the National Task Force to End Local Communist Armed Conflict and counterinsurgency program Oplan Kapanatagan. We enjoin all organizations to be vigilant, especially in the coming days.

As we condemn these attacks, we assert the right of organizations and individuals to continue with their advocacy. If this is an indication of what is to come, we call for unity and resistance amid State terrorism. #StopTheAttacks

References:

Cristina Palabay, Karapatan Secretary-General
+639173162831

Karapatan Public Information Desk
+639189790580

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[Urgent Alert] Two Karapatan human rights workers killed in the Philippines this morning -KARAPATAN

KARAPATAN URGENT ALERT

Two Karapatan Sorsogon staff, Ryan Hubilla and Nelly Bagasala, were gunned down at around 8:20 in the morning this Saturday, June 15, 2019 at the corner of Phase 2, Seabreeze Homes Subdivision, Barangay Cabid-an, Sorsogon, Bicol. The perpetrators were onboard a motorcycle. The scene of the crime was only a kilometer away from the City Police Office.

Before the incident, Karapatan rights workers were subjected to periodic surveillance conducted by military and police operatives. Last April 21 at 10PM, said rights defenders, including Ryan, were tailed by a gray pick-up vehicle and a black motorcycle. Both vehicles had no license plates. This happened after Karapatan staff escorted Atty. Bart Rayco, NUPL-Albay lawyer, after visiting his clients who were political prisoners at PNP Cabid-an.

Karapatan condemns the killing of two of its human rights workers. This is a stark indication of the worsening attacks against human rights defenders, particularly in regions where Memorandum No. 32 is implemented. As we condole with the families of our dear colleagues, we raise our fists in condemnation and firmly commit to seek justice and accountability from this ruthless regime.

Justice for Ryan Hubilla and Nelly Bagasala! Stop the Attacks!

Cristina “Tinay” Ellazar Palabay
Karapatan Secretary General and Tanggol Bayi (Defend Women) – Philippines Convenor
Personal Email:cristina.e.palabay@gmail.com
Official organization emails: karapatan@karapatan.org, tanggolbayi@gmail.com

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[Urgent Alert] Karapatan condemns the extrajudicial killing of Escalante City councilor and human rights worker Bernardino “Toto” Patigas

URGENT ALERT: Karapatan condemns the extrajudicial killing of Escalante City councilor and human rights worker Bernardino “Toto” Patigas, 72, today, April 22, 2019. He is the 48th Karapatan worker killed in the course of his human rights advocacy.

Tay Toto, as he is fondly called, was a human rights worker of the North Negros Alliance of Human Rights Advocates, a member organization of Karapatan-Negros chapter. He was also running for reelection as Sangguniang Panglungsod member.

At around 4:30pm today, Patigas was on his way home after campaigning with other fellow candidates. As he was driving his motorcycle along the highway to Brgy. Washington, Escalante City, Negros Occidental, he was shot twice in his leg and forehead.

Tay Toto was a survivor of the Escalante massacre of 20 farmers and farmworkers on September 20, 1985. He continued to support human rights advocacies especially the cause of the sakadas of Negros and joined fact finding missions in Negros after the dictator Marcos was ousted.

He received threats and harassment due to his human rights work. In 2017, trumped up complaints were filed against Patigas but these were dismissed due to lack of probable cause. In April 2018, Patigas’s name and picture, together with that of slain human rights lawyer Benjamin Ramos and 60 other individuals and rights advocates, were included in a poster of alleged communist personalities.

As we condole with the family and friends of Tay Toto, as we cry with the loss of a good man and a diligent human rights worker, we pay tribute to his valuable contribution to the overall human rights advocacy in the Philippines. We vow to pursue the struggle for justice and realization of people’s rights amidst tyrants and fascists pervading the country.

Justice for Toto Patigas!
Justice for all victims of human rights violations!

For reference: Cristina Palabay, Secretary General, ‪+639173162831‬
Roneo Clamor, Deputy Secretary General, ‪+639997721233‬

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[Urgent Alert] Updates: A Lawyer and Human Rights Defender was Arrested During Forced Eviction of Residents in Madaue City, Cebu Province

Updates Regarding Our Recent Urgent Alert: A Lawyer and Human Rights Defender was Arrested During Forced Eviction of Residents in Madaue City, Cebu Province

Jose Aaron Pedrosa, Jr. and Jessica A. Zuniga were released from detention at past 4:00pm on November 26, 2014 (the day after they were arrested). Here is the statement of Mr. Pedrosa posted on his Facebook account: .

TFDP logo small

Comrades, colleagues and friends, greetings from rainy Cebu!

At past 4pm yesterday (November 26), Jessica and I posted bail amounting to P15,0000 – P12,000 for the case against me: Obstruction of Justice; P 2,000 for the case against Jessica: Resisting Arrest and Disobedience of Agents of Persons in Authority; and P1,000 for legal fees. What should have been a reduced bail of P8,000 shot up to P15,000 due to the delay of the police in delivering us to the court. When we arrived at the Hall of Justice, the Executive Judge (EJ) already left. Only the EJ can grant motions for reduction of bail.

Our decision to post bail was a consequence of our decision to pursue immediate administrative and legal actions against concerned government officials over the illegal demolition and of late, our illegal warrantless arrest, among others.

My illegal arrest and detention as well as Jessica’s are not the main issue here. It is the continuing illegal clearing and demolition operation that is happening in Sitios Mahayag and Mahusay in Mandaue City, Cebu. It is true for all the forcible demolition and eviction happening else where across the country where the officialdom deprive informal settlers of their homes in violation of our constitutional rights, the Urban Development and Housing Act and other protocols. It does so with impunity.

What is disconcerting are the inaccuracies and skewed facts reported in the media portraying the police and the local governments as the victims in this case. That I goaded the people into putting up resistance against the demolition team and the police.
This is sheer nonsense. It depicts the affected community as an unthinking and non-discerning horde. Any person whose only home is being taken away from him or her would put up a resistance as an instinctive response. No counsel can lawyer that kind of resistance.
The resistance in this case is inspired by a demolition order dated June 24, 2014 – one that has been enforced that day, enforced again on October 7 and for the last two weeks, was enforced again day in and day out. A demolition order which was intended to clear the informal settlement along the three (3) meter easement. The same order was used to justify the clearing of all the homes even beyond the 3-meter easement. I do not know of demolition orders of perpetual nature. But Mandaue City is leading the way on this regard.

I was precisely where I was because the police started to indiscriminately arrest
Mahayag residents whom they suspected to have thrown foul objects and substances at the them and the demolition team. I will not deny having seen this but just like any bystander, it was difficult to pinpoint with certainty who threw what. Before us was a sea of angry residents who wanted to drive away the demolition team.

To avoid any unnecessary injuries, I appeared at the sitio entrance by the fence waving both arms up in the air to appeal to the police, who rushed into the scene, and the residents to desist from using force. The scene before me was police officers pulling women residents, dragging them and in the process tearing their upper garments.

This was no longer a justified warrantless arrest. It was pure harassment. This was when I introduced myself to the police as the counsel of the Mahayag residents and pleaded for the police to stop ill-treating the women. One police officer Galo responded, “Way abogado abogado diri”. This troubled me all the more.

The police simply did not budge. It was at this point, out of frustration, that I challenged the police to arrest me instead just to stop harassing the people. The statement was meant to let the police pause and consider their actions. The excessive force they were using. The indecency of women being forcibly taken, there shirts torn, their breasts exposed. Clearly, this was no valid warrantless arrest. Instead. I was immediately, escorted by a few police officers into the BJMP mobile. I asked why I was being arrested. They reasoned: voluntary surrender. I asked again as to what crime I was voluntarily surrendering to. No reply.

Jessica was also arrested and brought to the mobile minutes later. I was arrested at 1:45 PM. We were then sent to Police Station 2 in Subangdako, Mandaue. I asked when the inquest proceedings will be held. The officer at the desk said after 12 hours.
We were next taken to the Mandaue Community/District Hospital for our medico-legal check up.

At past 4 pm, we were taken back to Station 2 where the local media were waiting for statements. We held a short press conference condemning the illegal arrests and demolition. After this, we were placed inside the detention center.

Despite all this, the people were not deterred.

Mahayag and Mahusay residents as well as Sanlakas members staged an overnight vigil outside of the Police Station. The next day an indignation march of about 200 individuals was staged at the police station all the way to the Mandaue City Hall.

We will not be deterred. It is back to barracks for me and our colleagues here. On top of the Mahayag demolition, we are now gearing up for our protest actions tomorrow here in Cebu against the grant of emergency powers to the president to “solve the power crisis” in Luzon by first quarter of 2015.

I wish to extend my sincerest gratitude to the outpouring of solidarity and support all of you have shown and extended following my illegal warrantless detention. Your calls, texts and facebook posts (which I am now reading) strengthen my resolve to persevere in this oft-criticized and maligned cause – the cause of advancing and defending the fundamental rights of the people.

Today is another day.

Padayon!

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[Urgent Alert] Philippines: A Lawyer and Human Rights Defender was Arrested During Forced Eviction of Residents in Mandaue City, Cebu Province -TFDP

(Urgent Alert) Philippines: A Lawyer and Human Rights Defender was Arrested During Forced Eviction of Residents in Mandaue City, Cebu Province

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Atty. Jose Aaron Pedrosa, Jr., 29, a Board Member of the human rights organization Task Force Detainees of the Philippines (TFDP) and leader of the multi-sectoral organization SANLAKAS, was arrested in Sitio Mahayag, Barangay Subang Daku, Mandaue City on November 25, 2014 at around 1:45pm. He was arrested by more or less twenty (20) police officers headed by a certain Miguel Andiza while pleading to the police to stop harassing the residents over yet another case of forced eviction against them. According to Pedrosa, the police attempted to drag the residents, most of whom were women, into the Bureau of Jail Management and Penology (BJMP) vehicle. Atty. Pedrosa was brought to Police Station 2, Mandaue and charged with Obstruction of Justice.

TFDP logo small

Aside from Atty. Pedrosa, a community leader named Jessica A. Zuniga, 22 years old, was also arrested.

We now urge government authorities for the immediate release of Atty. Jose Aaron Pedrosa and Jessica A. Zuniga, since the main reason for their arbitrary detention is to suppress their activities in defense of human rights. Guarantee in all circumstances the physical and psychological integrity of both Atty. Pedrosa, and Ms. Zuniga, as well as of all human rights defenders in the Philippines. And, put an end to all acts of harassment, including at the judicial level, against Atty. Aaron Pedrosa, Ms. Zuniga and all human rights defenders to ensure in all circumstances that they are able to carry out their work without any hindrance and fear of reprisals.

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[Urgent Alert] An urgent call to help millions affected by continuous torrential rains and flooding caused by Tropical Storm Trami -AHRC

Asian Human Rights Commission

PHILIPPINES: An urgent call to help millions affected by continuous torrential rains and flooding caused by Tropical Storm Trami

Asian Human Rights Commission

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding massive disruptions to normal life caused by Tropical Storm Trami (known in Philippines as Maring). The situation, unfortunately, has merely worsened by the Southwest Moonsoon or Habagat. As of now, data puts the number of affected at around 402, 415 families and 1, 928, 685 individuals spread over 16 provinces.

CASE NARRATIVE:
Over the last few weeks, the Philippines has suffered massive devastation caused by torrential rains and flooding as a consequence of Tropical Storm “Maring” (international code name: Trami). The situation was further worsened by the Southwest Moonsoon or Habagat. The areas worst affected fall in the National Capital Region (NCR) and include the Greater Metro Manila area. The rains and flooding has also seriously affected Luzon and the Cordillera Autonomous Region (CAR).

Estimates put the total number of affected at 402,415 families and 1,928,685 individuals. The extent of the devastation can be gauged by its geographical spread. The data from the National Disaster Risk Reduction and Management Council (NDRRMC) shows that the storm has affected a total of 1,549 barangays of 123 municipalities, 33 cities, and 16 provinces. Out of these Laguna and Cavite are the worst hit by the flooding and a state of calamity had been declared there.

The situation went particularly bad on August 19-20 when relentless rains caused floodwaters as high as 2.5 meters rendering most of the major thoroughfares in Metro Manila impassable. The roads closed included South Luzon Expressway, Aguinaldo Highway and roads linking Bacoor to Zapote and Noveleta to Rosario. The rainfall was heavy and measured around 10-40 mm per hour. That is classified by the government’s weather agency, PAG-ASA as heavy to torrential rainfall.

The rains and flooding caused the collapse of a dam in Tanza, Cavite resulting in flash floods in nearby areas. Similarly, data from the Rosario Municipal Disaster Risk Reduction and Management Council (RMDRRMC) shows that the disaster has affected 21,307 out of the total 36,805 families living in the area.

The floods have seriously affected the livelihoods of people and those dependent upon daily wages are the worst hit. Fisher folks have particularly suffered in this case as many of them have had no catch for more than three weeks now. An oil spill caused by a leaky marine pipeline of the Petron Corporation, an oil company with a depot in the municipality, has necessitated the declaration of a state of calamity in the coastal areas of Rosario, Cavite since August 8, 2013. They have not been able to fish ever since. The oil spill has affected 9 barangays in Rosario, 14 in Tanza, and 9 barangays in Naic. The Petron Corp. is now jointly owned by Ashmore Group, a London-listed investment group and the San Miguel Corp.

The oil spill forced the local government to immediately suspend fishing activities in the affected areas. However, by the time the areas were clearing up rains started on 17 August and slowly developed into a tropical storm, forcing the fishermen indoors. The food security of these fisher folks is seriously affected as they depend on a daily catch for their survival.

The situation was similar in Kawit in Noveleta and Sta. Rosa in Cavite City which experienced waist-deep floodwaters rendering the major thoroughfares impassable for almost two days. It hampered the transportation of basic goods and services and also the normal routes of passenger vehicles. Further, all the companies in the Cavite Export Processing Zone (CEPZ) suspended their operations on Monday, 19 August when the storm started to bring in floodwaters inside the zone. The flood situation deteriorated the following day when almost all the companies were flooded to different degrees. The inundation did not merely cause damage to the companies but also made them suspend their work for almost a week, leaving the poor workers in trouble as most of them work under a ‘no work no pay’policy. For its part, even the government has not announced any compensation for the workers, thus making their lives even more difficult.

The fact that Southwest Monsoon rains continues to pour down coupled with the PAG-ASA’s warning of two to three tropical storms hitting the area in the coming weeks has further deteriorate the situation. It is in this context that Workers Assistance Center, Inc, our partner organization has appealed for immediate relief and financial support for, and on behalf of the workers, the fisher folk and the urban poor communities in Cavite. The Centre need food, potable and clean water, mats and blankets and medicines and would focus on helping the most affected workers and their immediate families in the coastal communities here in Cavite.

You can send cash donations as well as the material needed on following accounts. Please remember that you can make donations in almost all important currencies.

Account Name: Workers Assistance Center, Inc,
Account Number: 1004-0178-85
Bank’s Name: Bank of the Philippine Islands (BPI) Rosario Branch, Cavite
Address: General Trias Drive, Rosario, Cavite, Philippines
Swift Code: BOPI PH MM

For other support and materials, please send it to:
Workers Assistance Center, Inc.,
BAHAY MANGGAGAWA, Indian Mango St., Manggahan Cpd.,
Sapa I, 4106 Rosario,
Cavite, Philippines.
Tel: +63 46 884-00-76; Telefax: +63 46 438-47-36.
Emails: wacphilippines@yahoo.com.ph or wacphilippines@gmail.com

SUGGESTED ACTION:
Please make donations at the address given above.

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

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[Urgent Alert] Immediately relocate the victims of demolition drive in Quezon City -AHRC

Asian Human Rights Commission

PHILIPPINES: Immediately relocate the victims of demolition drive in Quezon City
ISSUES: Right to food; inhuman and degrading treatment; corruption; impunity; rule of law

Asian Human Rights Commission

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about allegedly illegal demolition of around 120 houses in Florentino St., Sto. Domingo, Quezon City on April 10-11, 2013. The information sent to the AHRC by Barangay Sto. Domingo Settlers Association through Defend Jobs Philippine asserts that the demolitions were carried out in violation of the ongoing legal case in the Court of Appeals. The organizations allege that the demolition team had neither had a court order with them nor was sheriff present at the venue.
The AHRC notes with concern the fact that the demolitions step up the ongoing assault on urban poor coupled with governmental apathy and inaction.

CASE NARRATIVE:

On April 10, 2013, the residents of Florentino St., Sto. Domingo, Quezon City found themselves surrounded by a huge police contingent. About 20 of the policemen then entered the community and informed the residents that a raid will be conducted to “video karera” machines operations. (Video horse racing is known in the Philippines, as “video karera.” These games are often raided by police as some proprietors try to evade taxes). After initially allowing the police enter on the pretext of raids, the residents were all surprised by the police who declared that this was no raid but a demolition mission. Only a few minutes after the declaration at 9.30 in the morning, a demolition team headed by Mr. Marlowe Jacutin of Task Force for the Control, Prevention and Removal of Illegal Structures and Squatting(COPRISS) descended on the scene.

The community members tried to negotiate with the policemen and the demolition team through Mrs. Betty Meneses, Secretary of #16 P. Florentino St., Sto. Domingo Settlers Association. Mrs Meneses challenged the legality of the operation as community’s legal case is still being heard at the Court of Appeals and the demolition team had no court orders validating the demolition. Even the sheriff was not present with them at that time. However, Voltaire Alcantara of COPRISS said that the said matter is already closed and that a Notice of Demolition was already signed by the City Mayor of Quezon City. He told the community that the City Mayor has already issued a Certificate of Compliance and showed a Memorandum addressed to Mr. Marlowe Jacutin of Task Force COPRISS from the Office of Mr. TAdeo Palma regarding the Request for Clearance on the Resumption of the implementation of Memorandum dated June 7, 2010 against the illegal structures within the lot owned by Melona Land Development Corp. dated February 4, 2013.

Despite the residents not being convinced, the demolition team started bringing down the houses at 10.00 in the morning. Personnel belonging to Melona Land Development Corporation were also present throughout the demolitions and were offering P25 000 “financial assistance” to the residents. Majority of the residents were forced to accept the money for many reasons and they had no other options left.

The COPRISS finished the demolitions on the second day leaving more than 120 families in pitiable situation. Apart from the houses, around 7 small stores, 2 computer shops, 1 vulcanizing shop, 2 beauty parlor shops, 1 fish store and 1 barbecue store were also demolished in the process. The victims now have no place to live or even take shelter. Their livelihood security is also seriously compromised. Worst affected by the demolitions are more than 500 children as their access to their schools located in nearby areas is now hindered.

Currently, there are around 30 families who refused to accept the financial assistance and are asserting their right to housing and rehabilitation program. They have appealed to the City Government of Quezon City as well as to the National Housing Authority which comes under the Office of the President. They have built makeshift tents in P. Floretino St., and are living in them.

After the demolitions, the residents, through their President Edith Orong, had a meeting with Mr. Tadeo Palma, the Secretary to the Mayor of Quezon City. In the meeting, they demanded immediate relocation acting upon which Mr. Tadeo Palma asked the officials of the urban Poor Affairs department of Quezon City to consider the demand of the residents. The residents were. It was only on April 12 that the residents were given the list of requirements for the relocation following which 30 residents immediately submitted requirements. The residents had a follow up meeting on April 30 but the authorities have yet not offered a concrete and immediate response barring offering a relocation site in Barangay Batia, Bocaue, Bulacan.

SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention for ensuring the right to housing and livelihood of the victims of the demolition drive. You may also demand an inquiry into the legality of the demolitions.
The AHRC is also writing a separate letter to the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination seeking an intervention in this case.

To support this case, please click here:

SAMPLE LETTER:

Dear_________

PHILIPPINES: Immediately relocate the victims of demolition drive in Quezon City

Name of the victims: Residents of about 120 houses on April 10-11, 2013.
Alleged Perpetrators: Officials of the Task Force for the Control, Prevention and Removal of Illegal Structures and Squatting(COPRISS) and Police
Date and Time of the incident- 10-11 April, 2013
Place of incident: Florentino St., Sto. Domingo, Quezon City

I am writing this to drag your kind attention to demolition drive in Quezon City that has rendered many families shelterless and have threatened their livelihood and food security. On April 10, 2013, the residents of Florentino St., Sto. Domingo, Quezon City found themselves surrounded by a huge police contingent. About 20 of the policemen then entered the community and informed the residents that a raid will be conducted to “video karera” machines operations. (Video horse racing is known in the Philippines, as “video karera.” These games are often raided by police as some proprietors try to evade taxes). After initially allowing the police enter on the pretext of raids, the residents were all surprised by the police who declared that this was no raid but a demolition mission. Only a few minutes after the declaration at 9.30 in the morning, a demolition team headed by Mr. Marlowe Jacutin of Task Force for the Control, Prevention and Removal of Illegal Structures and Squatting(COPRISS) descended on the scene.

The community members tried to negotiate with the policemen and the demolition team through Mrs. Betty Meneses, Secretary of #16 P. Florentino St., Sto. Domingo Settlers Association. Mrs Meneses challenged the legality of the operation as community’s legal case is still being heard at the Court of Appeals and the demolition team had no court orders validating the demolition. Even the sheriff was not present with them at that time. However, Voltaire Alcantara of COPRISS said that the said matter is already closed and that a Notice of Demolition was already signed by the City Mayor of Quezon City. He told the community that the City Mayor has already issued a Certificate of Compliance and showed a Memorandum addressed to Mr. Marlowe Jacutin of Task Force COPRISS from the Office of Mr. TAdeo Palma regarding the Request for Clearance on the Resumption of the implementation of Memorandum dated June 7, 2010 against the illegal structures within the lot owned by Melona Land Development Corp. dated February 4, 2013.

Despite the residents not being convinced, the demolition team started bringing down the houses at 10.00 in the morning. Personnel belonging to Melona Land Development Corporation were also present throughout the demolitions and were offering P25 000 “financial assistance” to the residents. Majority of the residents were forced to accept the money for many reasons and they had no other options left.

The COPRISS finished the demolitions on the second day leaving more than 120 families in pitiable situation. Apart from the houses, around 7 small stores, 2 computer shops, 1 vulcanizing shop, 2 beauty parlor shops, 1 fish store and 1 barbecue store were also demolished in the process. The victims now have no place to live or even take shelter. Their livelihood security is also seriously compromised. Worst affected by the demolitions are more than 500 children as their access to their schools located in nearby areas is now hindered.

Currently, there are around 30 families who refused to accept the financial assistance and are asserting their right to housing and rehabilitation program. They have appealed to the City Government of Quezon City as well as to the National Housing Authority which comes under the Office of the President. They have built makeshift tents in P. Floretino St., and are living in them.

After the demolitions, the residents, through their President Edith Orong, had a meeting with Mr. Tadeo Palma, the Secretary to the Mayor of Quezon City. In the meeting, they demanded immediate relocation acting upon which Mr. Tadeo Palma asked the officials of the urban Poor Affairs department of Quezon City to consider the demand of the residents. The residents were. It was only on April 12 that the residents were given the list of requirements for the relocation following which 30 residents immediately submitted requirements. The residents had a follow up meeting on April 30 but the authorities have yet not offered a concrete and immediate response barring offering a relocation site in Barangay Batia, Bocaue, Bulacan.

I, therefore, urge you to ensure that,

1. The victims are provided with an immediate relocation to livable lace not far away from their area of work,
2. Victims are provided unhindered access to basic amenities like food, water, sanitation until the relocation,
3. Victims are provided with adequate compensation for all lost and destroyed properties,
4. Legality of the demolition drive despite the ongoing court case is investigated by an independent body and those found guilty are prosecuted,
5. Ensure an independent investigation into the human rights violations of the victims during the two day drive.

.

Sincerely,
_________

PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Corazon Juliano-Soliman
Secretary, Department of Social, Welfare and Development
Constitution Hills, Batasan Pambansa Complex,
Quezon City
PHILIPPINES
Tel/Fax: +63 (2) 931-81-91

4. Sec. Joel Rocamora
Lead Convener
National Anti-Poverty Commission
3rd Floor, Agricultural Training Institute Building
Elliptical Road, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 927 9796 / 426 5249
Email: napc.gov@gmail.com

5- Herbert Constantine Maclang Bautista
Mayor,
The Local Government of Quezon City
Elliptical Road, Brgy. Central Diliman
Quezon City
Philippines
Contact:
http://www.quezoncity.gov.ph/index.php?option=com_contact&view=contact&id=1&Itemid=210

6. Mr. Marlowe Y. Jacutin
Head,
Task Force for the Control, Prevention and Removal of Illegal Structures and Squatting
6th Floor, Civic Center Building A, City Hall Compound
Quezon City
PHILIPPINES

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

Visit our new website with more features at http://www.humanrights.asia.

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

sign petiton2 smallJ26 copyPhoto by TFDP

[Urgent Alert] Save 78 poor fisherfolk families from forced eviction and starvation in the Freedom Island of Paranaque City -AHRC

Asian Human Rights Commission

ASIAN HUMAN RIGHTS COMMISSION – HUNGER ALERT PROGRAMME
Hunger Alert Case: AHRC-HAC-003-2012

29 January 2013


——————————————————
PHILIPPINES: Save 78 poor fisherfolk families from forced eviction and starvation in the Freedom Island of Paranaque City

ISSUES: Right to food; inhuman and degrading treatment; hunger, starvation, corruption; impunity; rule of law
——————————————————

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) has learnt about 78 families belonging to fisherfolk community facing threats of imminent eviction during a field visit undertaken by its Programme Coordinator for Right to Food Programme together with a representative of Defend Job Philippines. The local authorities had served the notice of eviction to these families residing in the Floating Houses in the Coastal Area of San Dionisio in August 2012 and are now trying to relocate them. The families had come to this area in 2006 after facing a similar eviction from areas like Marina and Tambo. To persuade them to move to this area, the Philippine Estate Authority (now Philippine Reclamation Authority) had entered into a formal agreement with them and promised them priority status in the housing programme. Needless to say the Authority has not kept its promise. Impending eviction coupled with plans to relocate them to nearby mountains will not only cause grave trouble for the families but also imperil their food security. They will be exposed to starvation as they have no skills other than fishing for daily living and pure survival.

CASE NARRATIVE:

Continuing its threat of evicting the fisherfolk community living in the Coastal Area of San Dionisio in the Freedom Islands, officials of the National Housing Authority conducted visits in the area this month to ‘convince’ the families to relocate to Bario Agua Trece Martirez in Cavite.

The visits coincided with the Department of Environment and Natural Resources’ rejection of the demand of the fishermen’s organization to recall the environmental compliance certificates (ECCs) issued to development projects that involved the massive land-reclamation projects along the Manila Bay area, thereby making the eviction of the community imminent. The DENR, through the Environmental Management Bureau (EMB), also rejected the group’s call for a moratorium on the issuance of ECC for similar projects in the future.

The Philippines Estates Authority Tollway Corporation(PEATC) had first served an eviction notice on the community on August 8, 2012, through a letter its president Mr. Andrew Jude D. Deyto wrote to Mr. Pablo Olivarez, Barangay Chairman. The president had ‘advised’ the residents of the Floating Houses in the Coastal Area of San Dionisio to immediately vacate the area in accordance with the order of the Public Estate Authority. Mr. Olivarez communicated the notice to the residents on August 27 while informing them about the plan of PEATC.

Ever since serving the notice, representatives of the Philippine Reclamation Authority have threatened and harassed the people with repeated threats and deadlines. The authority had set December 2012 as the deadline for forcibly evicting the residents if they do not heed its advice and vacating the area by then.

If carried out, this would be the second forced eviction from their settlements for the 78 families living in the Floating Houses in less than 6 years. The families had been forcibly relocated to the area in April 2006 from their homes in Marina and Tambo. Relocation was accompanied by a formal agreement by the Philippine Estate Authority (now Philippine Reclamation Authority) that promised the residents priority status in the housing program. Needless to say, the Authority never fulfilled its promise. They are still trying to evict the families.

The relocation sites offered by the local Government of Paranaque expose not only their utter lack of sensitivity to the people, but also a recklessness in dealing with the issue. The authority had first offered two sites for relocation. Antipolo in Rizal was the first followed by Trece Martirez in Cavite, making the later the preferred one. Trece Martirez , four hours away from the Freedom Islands, lies in a mountainous region, far away from the sea or any other body of water, the basic source of livelihood for fishermen dependent on fishing for survival. Forced eviction followed by relocation, therefore, would seriously undermine their already endangered food security. It would also play havoc with the studies of the children as they are enrolled in schools inside Paranaque City.

None of this suggested that conditions in the boathouses are liveable to any extent! For example, local government authorities have not provided even such a basic amenity as clean drinking water under the garb of the habitat being illegal. This is a position absolutely untenable for the simple fact that the same authorities paid 6000 Pesos per family in 2006 as relocation assistance.

Coming back to the water issue, the residents are compelled not only to buy their water but also to fetch it from a distance of almost a kilometre. They pay 3 Peso per gallon with the daily requirement of a single family ranging from 5 to 10 gallons. In addition, 10 pesos is required for transporting it back to their houses by a paddy cab. Thus, water alone, uses up a significant portion of their daily earnings.

The forced eviction and later reclamation of the area will not merely affect these 78 families but also more than 10000 families that are part of the Paranaque Aquamarine Sellers Cooperative. The cooperative represents and organises people in fishermen’s wharf and helps them sell their catch in organised ways. The reclamation will also affect more than 1000 paddycab drivers and their families as their livelihood depends upon the cooperative. The forced relocation together with reclamation will cause an even bigger livelihood threat to the paddycab drivers as they have not been promised any relocation.

ADDITIONAL DETAILS:
The Floating community is located along the shore of Manila Bay near the Freedom Islands in Paranaque and Las Pinas City and faces reclamation under the Manila Cavite Coastal Road Reclamation Project. The project started in 1970 is continued by the the Philippine Reclamation Authority (PRA) with support from the national government. The PRA is in partnership with the Altech Corporation, a company owned by Danding Cojuanco who happens to be the uncle of the President of the Philippines.

The planned reclamation has been opposed by the community through the SAVE FREEDOM ISLANDS MOVEMENT. The movement believes that continued reclamation will also worsen the flood problems in Metro Manila affecting the residents of the two cities; Paranaque and Las Pinas.

The reclamation would prove a disaster even on purely ecological grounds as the Island provides a natural shield against typhoons. It’s lagoon functions as an outlet for major waterways in the two cities. Furthermore, its rich ecosystem plays a vital role in human, bird and marine life. It is the only remaining coastal periphery of mangroves and salt marshes. Multifarious biodiversity in Metro-Manila serves as an avian refuge for 80 different species of birds including the Black-crowned Night Herons, Kentish plovers, Curlew Sandpipers and Siberian Ruby Throats, the endangered Chinese Egret, Philippine Duck and the rare Pied Avocet. By virtue of this, it was declared a critical habitat in 2007 by Proclamation No: 1412.

SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention to stop the plans of evictions and forced relocation of the 78 families residing in the Freedom Islands. You may also demand that the authorities provide basic amenities like tapped water and electricity to the community.
The AHRC is writing separate letters to the UN Special Rapporteur on the Right to Food and Special Rapporteur on Adequate Housing asking for their intervention in the case.

SAMPLE LETTER:

Dear __________,

PHILIPPINES: Save 78 poor fisherfolk families from forced eviction and starvation in the Freedom Island of Paranaque City

Name of the victims: 78 families of a fisherfolk community,
Place of incident: Freedom Island of Paranaque City

I want to draw your kind attention to an eviction notice served on the 78 fisherfolk families residing in the Floating House in the Coastal Area of San Dionisio by the Philippine Estates Authority Tollway Corporation(PEATC).

Continuing their threat of evicting the fisherfolk, the officials of the National Housing Authority conducted visits in the area this month to ‘convince’ families to relocate to Bario Agua Trece Martirez in Cavite.

The visits coincided with the Department of Environment and Natural Resources’ rejection of the demand of fishermen’s organization to recall the environmental compliance certificates (ECCs.) These were issued to development projects that involved the massive land-reclamation projects along Manila Bay, thereby making eviction of the community imminent. The DENR, through the Environmental Management Bureau (EMB), also rejected the group’s call for a moratorium on the issuance of ECC for similar projects in the future.

The Philippine Estates Authority Tollway Corporation(PEATC) had first served an eviction notice on the community on August 8, 2012, through a letter its president Mr. Andrew Jude D. Deyto wrote to Mr. Pablo Olivarez, Barangay Chairman. The president had ‘advised’ the residents of the Floating House in the Coastal Area of San Dionisio to immediately vacate the area in accordance with the order of the Public Estate Authority. Mr. Olivarez communicated the notice to the residents on August 27 while informing them about the plan of PEATC.

Ever since serving the notice, representatives of the Philippine Reclamation Authority had threatened and harassed the people by way of repeated threats and deadlines. The authority had set December 2012 as the deadline for forcibly evicting the residents if they do not heed its advice of vacating the area by then.

If enforced, this would be the second forced eviction from their settlements for the 78 families living in the Floating Houses in less than 6 years. The families had been forcibly relocated to the area in April 2006 from their homes in Marina and Tambo. This relocation was accompanied by a formal agreement by the Philippine Estate Authority (now Philippine Reclamation Authority) that promised residents would be given priority status in the housing program. Needless to say the Authority never fulfilled its promise, still trying to evict the families.

The relocation sites offered by the local Government of Paranaque expose not only their utter lack of sensitivity to the people, but also recklessness in dealing with the issue. Two sites were first offered for relocation, the first being Antipolo in Rizal and the other Trece Martirez in Cavite, making the later the preferred one. Trece Martirez , four hours away from the Freedom Islands, lies in a mountainous region far away from the sea or any other body of water, the basic source of the livelihood for the fishermen dependent on fishing for survival. Forced eviction followed by relocation, therefore, would seriously undermine an already endangered food security for the poor families. It would also play havoc with the studies of the children as they are enrolled in the schools inside Paranaque City.

None of this is to suggest that the conditions in the boathouses are liveable to any extent! For example, local government authorities have not provided even the basic amenities like clean drinking water under the garb that the habitat is illegal. This is a position absolutely untenable for the simple fact that the same authorities paid 6000 Pesos per family in 2006 as relocation assistance.

Getting back to the water issue, the residents are compelled not only to buy their water but also to fetch it from a distance of almost a kilometre. They pay 3 Peso per gallon with the daily requirement of a single family ranging from 5 to 10 gallons, and an additional 10 pesos for transporting it back to their houses by a paddy cab. Water alone, thus, eats up a significant portion of their daily earnings.

A forced eviction and a later reclamation of the area will not merely affect these 78 families but also more than 10,000 families that are part of the Paranaque Aquamarine Sellers Cooperative. The cooperative represents and organises people in the fishermen’s wharf, helping them to sell their catch in an organised way. The reclamation will also affect more than 1,000 paddycab drivers and their families as their livelihood depends upon the cooperative. Forced relocation together with reclamation will cause an even bigger threat to the livelihood of paddycab drivers as they have not been promised any relocation.

I therefore urge you to:

1. Instruct the PEA/PRA to put an immediate end to the plans of eviction of the 78 families living in the Floating houses
2. Instruct the PEA/PRA to stop threatening the families
3. Instruct them to provide basic amenities like clean drinking water and electricity to the community
4. Have a constructive dialogue involving the fishermen and urban poor families in the planned development in the area.
5. Instruct the Barangay San Isidro Government and the Paranaque City Government to focus on ensuring the rights and welfare of the residents of the floating community and including them in their housing program.
6. Ensure that no relocations for any community are done in areas not conducive to their sources of livelihood.

Sincerely,
_______

PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Corazon Juliano-Soliman
Secretary, Department of Social, Welfare and Development
Constitution Hills, Batasan Pambansa Complex,
Quezon City
PHILIPPINES
Tel/Fax: +63 (2) 931-81-91

4. Sec. Joel Rocamora
Lead Convener
National Anti-Poverty Commission
3rd Floor, Agricultural Training Institute Building
Elliptical Road, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 927 9796 / 426 5249
Email: napc.gov@gmail.com

5. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
Attn: Mr. Carlos Villan Duran
C/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010
Email: sect.hchr@unog.ch

6. Ms. Raquel ROLNIK
UN Special Rapporteur on Adequate Housing
Attn: Ms. Cecilia Moller
Room 4-066/010
C/o UNOG-OHCHR
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Email: urgent-action@ohchr.org

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

Visit our new website with more features at www.humanrights.asia.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Urgent Alert] Floods caused by torrential rains threaten food security of fishermen and urban poor in CALABARZON -AHRC

Asian Human Rights Commission

ASIAN HUMAN RIGHTS COMMISSION — HUNGER ALERT PROGRAMME
Hunger Alert Case: AHRC-HAC-005-2012

August 28, 2012
——————————
PHILIPPINES: Floods caused by torrential rains threaten food security of fishermen and urban poor in CALABARZON
ISSUES: Environmental protection, Impunity, Land rights, Poverty & adequate standard of living, Right to food, Right to health, Rule of law
—————————–

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) has received information from Workers Assistance Center Inc about the floods caused by torrential rains that has imperiled the food security of a vast population in the CALABARZON area of Philippines. Here, the floods affecting more than 3 million people have already taken a toll of 95. The severity of the situation is compounded by the submergence of a large area with residual/retreating water affecting more than 480 baranggays; 175,733 families and 830,700 people in the CALABARZON area alone, as per the National Disaster Risk Reduction and Management Council.

CASE NARRATIVE

As if the disastrous consequences of the Typhoon Saola were not enough to put the life of ordinary citizen of Philippines, 11 straight days of southwest monsoon rains causing heavy floods have worsened the situation even more for them. The floods caused by the successive natural disasters have left the country battered with more than 3 million people directly affected.

Typhoon Saola (Gener) wreaked havoc on NCR and nearby provinces like For more than a week (since July 21 to end of July) Typhoon Saola (Gener) drenched NCR and nearby provinces like CALABARZON (Cavite, Laguna, Batangas, Rizal & Quezon) and Central Luzon, and in Ilocos. The Southwest Monsoons followed by Typhoon Haikui approaching China further aggravated the situation. The flooding was unprecedented for some places like barangays in Bacoor, Cavite, which have not experienced it before.

National Disaster Risk Reduction and Management Council puts the estimates of flood affected people at around 3 million with a corresponding death toll of 95. In the CALABARZON area alone, 480 baranggays, 175,733 families, and 830,700 people are directly affected by the floods. This includes 209 baranggays, 44,007 families and 211, 929 people in Cavite alone.

The fishermen and the urban poor has borne the brunt of the flooding and are the worst affected. The towns affected in Cavite include Bacoor, Kawit, Noveleta, and Rosario. Deteriorating the situation further, floods have rendered roads to Rosario, Noveleta, and Bacoor unfit for transportation and thus cut them off from rest of Philippines for a few days.

Even the offices of WAC were not let off the fury of the nature and stand submerged in Rosario and Cavite. The members of the organization working in CALABARZON areas as well as ones working in the communities in Rosario, Cavite have communicated about the scarcity of basic necessitates like food, clothes, medicine and even clean drinking water and have been asking for help. Also, there is a manifold increase in the cases of Leptospirosis (also known as Canefield fever for its high prevalence in wet areas) and athlete’s foot from the flood along with common strains of cough and colds The situation is worse for the fishermen who got displaced because of the heavy rains. As if it was not enough, Tropical Storm Helen, internationally known as Kai-Tak lashed the country yet again.

In this light, the picture emerging out of the area is a grim one of worsening food and livelihood security of the people living in the area and requires immediate and urgent interventions from both the state and international community and respond to WAC’s call for food, preferably ready to eat, potable and clean water, mats and blankets, clothes, waterproof boots, and medicines to averting hunger and outbreak of disease in the area.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention in Ms. Sarathi Mondal’s case. You may also demand an inquiry into why she was not provided with ration card and benefit of other welfare schemes that she is entitled to.

SAMPLE LETTER:

Dear _______,

PHILIPPINES: Floods caused by torrential rains threaten food security of fishermen and urban poor in CALABARZON
I want to draw your kind attention to the pitiable and pathetic situation local communities are compelled to live into because of the several natural calamities in quick succession. As if the disastrous consequences of the Typhoon Saola were not enough to put the life of ordinary citizen of Philippines living in the area, 11 straight days of southwest monsoon rains causing heavy floods have worsened the situation even more for them. The floods caused by the successive natural disasters have left the country battered with more than 3 million people directly affected.

Typhoon Saola (Gener) wreaked havoc on NCR and nearby provinces like For more than a week (since July 21 to end of July) Typhoon Saola (Gener) drenched NCR and nearby provinces like CALABARZON (Cavite, Laguna, Batangas, Rizal & Quezon) and Central Luzon, and in Ilocos. The Southwest Monsoons followed by Typhoon Haikui approaching China further aggravated the situation. The flooding was unprecedented for some places like barangays in Bacoor, Cavite, which have not experienced it before.

National Disaster Risk Reduction and Management Council puts the estimates of flood affected people at around 3 million with a corresponding death toll of 95. In the CALABARZON area alone, 480 baranggays, 175,733 families, and 830,700 people are directly affected by the floods. This includes 209 baranggays, 44,007 families and 211, 929 people in Cavite alone.

The fishermen and the urban poor has borne the brunt of the flooding and are the worst affected. The towns affected in Cavite include Bacoor, Kawit, Noveleta, and Rosario. Deteriorating the situation further, floods have rendered roads to Rosario, Noveleta, and Bacoor unfit for transportation and thus cut them off from rest of Philippines for a few days.

Even the offices of WAC were not let off the fury of the nature and stand submerged in Rosario and Cavite. The members of the organization working in CALABARZON areas as well as ones working in the communities in Rosario, Cavite have communicated about the scarcity of basic necessitates like food, clothes, medicine and even clean drinking water and have been asking for help. Also, there is a manifold increase in the cases of Leptospirosis (also known as Canefield fever for its high prevalence in wet areas) and athlete’s foot from the flood along with common strains of cough and colds The situation is worse for the fishermen who got displaced because of the heavy rains. As if it was not enough, Tropical Storm Helen, internationally known as Kai-Tak lashed the country yet again.

In this light, the picture emerging out of the area is a grim one of worsening food and livelihood security of the people living in the area and requires immediate and urgent interventions from both the state and international community and respond to WAC’s call for food, preferably ready to eat, potable and clean water, mats and blankets, clothes, waterproof boots, and medicines to averting hunger and outbreak of disease in the area.

I therefore urge you to ensure
1. Immediate action to send food packets to the affected area;
2. Ensure availability of potable and clean water;
2. Arranging temporary shelters for all those who are displaced;
3. Ensure disbursal of blankets, mats and waterproof mats;
4. Ensure supplies of medicine to contain outbreak of disease/epidemic in the area;

Sincerely,
________

PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Corazon Juliano-Soliman
Secretary, Department of Social, Welfare and Development
Constitution Hills, Batasan Pambansa Complex,
Quezon City
PHILIPPINES
Tel/Fax: +63 (2) 931-81-91

4. Sec. Joel Rocamora
Lead Convener
National Anti-Poverty Commission
3rd Floor, Agricultural Training Institute Building
Elliptical Road, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 927 9796 / 426 5249
Email: napc.gov@gmail.com

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

Visit our new website with more features at http://www.humanrights.asia.

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Urgent Appeal] More families left homeless after violent demolition in San Juan – CTUHR

URGENT APPEAL
19 January 2012


More families left homeless after violent demolition in San Juan
Dear friends and partners,

The Center for Trade Union and Human Rights is writing to you to seek support for the violently displaced residents of Corazon de Jesus, San Juan City Philippines last January 11.

Twenty-three residents were injured and 24 others were illegally arrested in brutal demolition that affected 300 families. Using absolute police force, the local government managed to demolish homes of the residents to give way to the construction of the new city hall.

At present, the displaced families have stayed in an alley near the demolished community as they continue to refuse the assigned relocation site provided by the local government. The residents complain that the relocation site in Rodriguez Rizal is very far from their workplace and from public services like hospitals and schools.
The right to decent housing that is accessible to livelihood and services is part of the economic, social and cultural rights of every individual. It is also integral to every person’s right to life with dignity. The Philippine Government ratified this UN Convention.

Case Summary
(from SAMANA and Karapatan NCR)

On December 5, 2011, San Juan City Architect Romeo Gonzales released a Notice of Eviction giving 30 days for 121 families to leave their homes. The notice however was not distributed to 121 families that were on the list for eviction. Instead, the notice was just left at the Corazon de Jesus Baranggay Hall. On January 6, 2012, the City Hall posted another notice stating that the residents have only 3 days left to leave the community. The notice did not contain names nor specific places to be demolished.

On January 7, a group of police headed by San Juan Police Chief Arcallana arrived in the baranggay and searched the booth of Sandigang Maralitang Nagkakaisa (SAMANA), an association formed by the residents of Corazon de Jesus. The police accused the residents of possessing guns and threatened the residents of launching a clearing operation.

On January 10, some policemen blocked individuals who were entering the baranggay. They also threatened that supporters of SAMANA from different sectors and communities inside and outside of Corazon de Jesus will be arrested. An announcement was also made at the San Juan Municipal High School (a school close to the target demolition site) that there will be no classes the following day. Around 9-930pm, a checkpoint was put up on P. Narciso Street. Two trucks of demolition team were also sighted that night, one in Agora, and another in Arena.

The next day, January 11, at around 7am, members of the demolition team were already sighted together with the police and the Magdiwang group on different areas surrounding the Corazon de Jesus.

Before 8 am, members of the Department of Welfare and Social Development (DSWD) also arrived. At almost the same time, members of the San Juan police and the demolition team were already positioned in three areas: P. Narciso, Artiaga and Pacific.

On P. Narciso, tension between the police, the demolition team, residents and their supporters immediately ensued. It started when the firemen water cannoned P. Narciso from the inside of the Second City Hall. At around 9am, the bulldozer together with the police and demolition tried twice to enter the community. By 10:25, the policemen fired their guns. The weapons used by the SWAT and the policemen were M14, M16 and .45. At the same time, the police threw teargas at the residents. The police however were still not able to get inside P. Narciso.

On Artiaga, the firetruck arrived at around 9:10am. The residents and their supporters assisted the children and evacuated them temoporarily until 9:55am. Around 10am, members of the demolition team threw stones at the residents followed by water cannon. The policemen stepped backed for a moment but they immediately turned and advanced and started throwing teargas at the residents. Around 10:30am, the barricade was dismantled and the police were finally able to enter the community.

By 11am, the policemen started arresting residents and supporters. Those who were taken while being arrested were beaten up by both policemen and members of the demolition team. The police laid their hands on everyone they passed by.

Around 100 homes were demolished by the demolitin teams.

Those who were wounded were:
1. Reggie Tambong, 25 years old; assaulted by the police and members of the demolition team

2. Jericho Estones, 15 years old; assaulted by the police and members of the demolition team

3. Alvin Rosante, 14 years old; assaulted by the police and members of the demolition team

4. Junar Pableb, 15 years old; assaulted by the police and members of the demolition team

5. Hector Bensa, 18 years old; assaulted by the police and members of the demolition team;

6. Rodel Vlenzuela, 17 years old; assaulted by the police and members of the demolition team

7. MC Daniela, 14 years old; assaulted by the police and members of the demolition team

8. Alane Lumbawa, 19 years old; assaulted by the police and members of the demolition team

9. Ariel Bacolod, 16 years old; assaulted by the police and members of the demolition team

10. Alvin Legarte, 14 years old; assaulted by the police and members of the demolition team

11. Salvador Garan; wounded, was hit by a rock thrown by members of the demolition team

12. Dino Amaredes, 17 years old; got wounded on his left knee

13. Jerry Pacle, 20 years old; wounded on the head

14. John Rudy, 15 years old; wounded on his left knee

15. Francisco Lina, 21 years old; wounded on the right knee

16. Francis Aresteros, 22 years old; acquired wounds on his hands

17. Victor Areno, 16 years old; wounded on his head

18. Lovely Clerigo, 17 years old; wounded on the right knee

19. Joseph Cabatoy, 43 years old, wounded on the neck

20. Lisa Fariscal; hinimatay, had an asthma attack due to the teargas

21. Ramil Juvilan

22. Maynard, wounded on the left hand

23. Ace, wounded on the left hand

 

Above is a partial list of those wounded as documented during the event. There are many other undocumented injured individuals.

Arrested were:
1. Rogelio Rosales, 30 resident

2. Loui Perdraso, 15 resident

3. Salvador Garzain, 55 resident

4. Edwin Crisologo, 22 resident

5. Jesus Duallo, 42 resident

6. Mark Dave Avestroz, 20 resident

7. Senen Buban, Jr., 23 resident

8. Roger Gavino resident

9. Louiche Meperito, 17 resident

10. Narciso Alberto, 62 resident

11. Rodel Tejolan, 17 relative of a resdient, just helping to transport their belongings

12. Jaime Gregorio, 24 supporter of SAMANA

13. Mark Lui Aquino, 25 supporter of SAMANA

14. Jay-Ar Brillante, 16 supporter of SAMANA

15. Luke Bagangan, 17 supporter of SAMANA

16. Manuel Veloria, 25 resident

17. Abel Bantolo, 15 resident

18. Another resident whose name was not yet taken
More individuals were arrested at 4pm in an indignation rally held by student supporters of SAMANA. They wanted to visit the arrested residents and condemn the illegal arrest and assault on those who were arrested. According to San Juan Police Chief Acallana gave the students five minutes to protest and the studend indeed left on time. However, members of the police ran after the protester and arrested six student leaders namely:
1. Romilo Penaverde, 21 supporter from Mandaluyong

2. RG Tesa, 23 supporter from UP-diliman

3. Alex Vadil, 23 supporter from UP-diliman

4. Rogelio Tubije, 21 supporter from UP-diliman

5. Thoaras Benjamin Roca, 17 supporter from UP-diliman

6. Sander Saputalo
Around 10pm the four students from University of the Philippines, Diliman were released while the two others were left detained. The four UP Diliman students were released under the custody of the lawyers from the UP Law Center.

Six of the detained are minors, one of them is a senior citizen.

Background

Baranggay Corazon de Jesus is mostly public land, meaning government-owned. It is a safe community and is not considered a danger zone. Meanwhile, most of the current residents of the village have long habited the place-ranging from 10 to 60 years. On 1978, through Presidential Decree 1716 by former President Ferdinand Marcos, the public land was placed under the local government of San Juan. Since then, the village became a populous community. From naked grasslands, the land was developed by the residents and roads were built in this place.

During the time of former President Corazon Aquino, the residents of Corazon de Jesus were recognized through Executive Order 164 and the land was awarded to the latter. The same recognition was inscribed in Executive Order 54 of former President Gloria Arroyo. However, the long-reigning political clan in the local government, the Estrada-Ejercito family, prevented the awarding of lands of Corazon de Jesus to the residents. The local government of San Juan refused to acknowledge the contribution of the residents in developing Corazon de Jesus in their half-century of residence in the said village. Instead, the local government, little by little, demolished the residential structures in the village and replaced them with building projects.

In the last two years, (2010-2011) the local government demolished the homes in Corazon de Jesus in order to put up a second city hall or San Juan White House. The Second City Hall is already built but Mayor Guia Gomez and her son, Congressman, JV Ejercito wants to occupy the entire village and totally evict all the residents to give way to the parking lot of Second City Hall and commercial establishments.

On the other hand, the local government of San Juan has no comprehensive – incoherent and unreliable – plan for the residents to be evicted. It persuaded residents to be relocated. There are some who agreed to the relocation and they were brought to Montalban and Lupang Aryenda in Rizal. But since the relocation site is so far from their source of livelihood, some of them went back to Corazon de Jesus. Majority of the residents of Corazon de Jesus refused to be relocated but the Office of the Mayor made it appear otherwise – that majority agreed to the relocation and only a few were left in Corazon de Jesus. In the list made by the local organization, Sandigan ng Maralitang Nagkakaisa (SAMANA), more than a thousand residents stayed in the village. Those were the ones target for demolition beginning January 11, 2012 until the end of January 2012.

SAMANA wrote many times to the City Council and Office of the Mayor. They wanted to have a dialogue with the local government to present their views on the planned demolition but the Office of the Mayor refused to accept the group’s letters.

The residents are demanding that the remaining land of Corazon de Jesus be awarded to them because in their view, the Second City Hall is more than enough. The residents believe that their decades of contribution to developing the land of Corazon de Jesus must be recognized by awarding the land to them instead of alloting it to commercial establishments.

On January 11, 2012, another part of the Corazon de Jesus was demolished where more than 100 houses were dismantled. The city government plans to totally evict all residents by the end of January 2012.

Suggested Action:

Please write letters to the authorities in support of the residents of Corazon de Jesus and their fight for adequate housing. In particular you can write to:
1) Condemn the violent demolition in Corazon de Jesus perpetrated by the city government of San Juan on January 11.
2) Call for the awarding/distribution of the lands of the village to all the current residents of Brgy. Corazon de Jesus!
3) Call for the stoppage on all demolition in San Juan and uphold the people’s right to adequate housing.

Kindly send your letters to:
His Excellency Benigno Simeon Aquino III
President

Republic of the Philippines

Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005, Philippines
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

 

Mrs. Raquel Rolnik
United Nations Special Rapporteur
on the Right to Adequate Housing
Office of the High Commissioner for Human Rights
United Nations Office at Geneva

1211 Geneva 10
Switzerland
Fax: +41 22 917 90 06
E-mail: urgent-action(at)ohchr.org
Hon. Loretta Ann P. Rosales
Chairperson

Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines

928-5655, 926-6188
Telefax: 929-0102
chair.rosales.chr@gmail.com

Please furnish us a copy of the mails you will be sending to the authorities. Cc it to pie.ctuhr@gmail.com or to our mailing address Rm 702 Culmat Bldg. 126 E. Rodriguez Avenue, Quezon City 1102 Philippines. You can also fax it thru +632.411.0256.
Thank you very much for your support.

Sincerely,

Center for Trade Union and Human Rights

[Urgent Appeal] Arrest of a prominent Muslim human rights defender from Jolo, Sulu – TFDP

PHILIPPINES: ARREST OF A PROMINENT MUSLIM HUMAN RIGHTS DEFENDER FROM JOLO, SULU

ISSUES: FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

Dear Friends,

 Task Force Detainees of the Philippines (TFDP), writes to inform you about the updated information regarding the case of Mr. Temogen Sahipa Tulawie. Several appeals were sent before regarding the harassment he was facing as a human rights defender.

On January 13,2012 at about 11:45 in the evening, Mr. Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Intelligence (R2).

Mr. Tulawie was already planning to voluntarily give himself and face the charges hurled against him after the Supreme Court already granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City, because he believes that he will not be afforded with impartiality if his case will be tried in Jolo, Sulu.

On June 13,2011, the Supreme Court granted the request for transfer of venue. Dispositive portion reads as “ Acting on the Petition for transfer of Venue, filed by Temogen “cocoy” Tulawie, one of the accused in Criminal nos. (07-09) 1648-3 and (07-09) 1649-3 from the Regional Trial Court (RTC) of Jolo, Sulu, to any court as this Court may deem convenient, and considering that there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses, as found by the Court of appeals in CA-G.R. SP No. 00002-W/RA-MIN and there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.

Details of his arrest:

Mr. Tulawie was arrested by combined elements of Military Intelligence Group (MIG), Region 9 led by Sgt. Reyes, members of Special Action Force (SAF), led by Supt. Fernando Ortega and members of Police Regional Intelligence Group (R2), of Region 11 based in Davao City, on January 13,2012 at about 11:45 in the evening at his rented house in Elenita Heights Subdivision, Catalunan Grande, Davao City.

They were already sleeping together with his two (2) children, when he was awaken by a loud bang from their door. He turn-on the light at their room, then he awaken his children and told them not to panic.

When the authorities came in, he did not resist arrest. He was taken to Talomo Police station for Police blotter and to Davao Regional Hospital for medical check-up. Afterwards, he was taken to Camp Catitipan, Davao City at the office of the Intelligence division for proper documentation.

As of this writing he was temporarily detained at Davao City Police Office in Camp Domingo Leonor, Davao City. On January 16, he will be presented to the Regional Trial Court (RTC) of Davao City.

Mr. Tulawie was the former Provincial chairperson of Consortium of Bangsamoro Civil Society (CBCS), a coalition of Bangsamoro civil organizations (CSOs) within the province of Sulu. His work involves; monitoring and documentation of human rights violation cases affecting muslim communities in the Autonomous Region of Muslim Mindanao, especially in the province of Sulu.

Mr. Tulawie is facing a case of Multiple Frustrated Murder and Attempted Murder, criminal case no. (07-09) 1648-3 and criminal case no. (07-09) 1649-3 at the Regional Trial Court (RTC) branch 3 of Jolo, Sulu, which was filed on July 22,2009. He was implicated in the bombing incident which was happened in the municipality of Patikul, Sulu on May 13,2009, wounding twelve (12) persons including Governor Abdusakur Tan of the Province of Sulu.

BACKGROUND OF HIS STRUGGLE:

As a human rights defender, Mr. Tulawie has also been active in organizing a local organization named “BAWBUG”, which means “Serve, Respect and Protect” in the Tausug language. Bawbug was established to address the defense of the rights of muslim communities affected by military operations in the province of Sulu.

He was also an active member of Center for Humanitarian Dialogue (CHD) since 2004-2008 and a council member of Non-Violent Peace Force (NP), in the province of Sulu.

From 2004-2007, he was elected to the post of municipal councilor of the capital town of Jolo, and was one of the organizers of the Concerned citizen’s of Sulu, an organization that works for the democratization of local politics, transparency in governance and upholding of civil rights and liberties of the residents of Sulu.

Mr. Tulawie’s human rights work is long and impressive, but it has also brought him into a collision with powerful local politicians. Some of the human rights campaigns that Mr. Tulawie led are the following:

1. Protest actions against implementation of Sulu Provincial Identification (ID Card System. In January of 2008, Col. Natalio Ecarma, commanding officer of the 3rd Marine Brigade stationed in Sulu, with the support of the provincial government, issued an ID system which supposedly would help military and police authorities in combating terrorism and crimes in the island-province.

However, different civil society groups, human rights organizations and members the Philippine senate, particularly then Sen. Aquilino Pimentel Jr., as well as the Regional Office of the Commission of Human Rights (CHR), said that the mandatory wearing of IDs by Sulu residents is illegal, and would only lead to futher violations of human rights, as residents not wearing the identification cards can be subjected to harassment and possible detention by military troops, on suspicion that they are terrorists and criminals.

The issued IDs were also seen by the residents of Sulu, majority of whom are muslims, as an insult to their culture and religion and is part of the religious profiling that has been on-going in the name of “war against terror”. Sulu residents also raised the concern that the military enforcement of the ID cards likens the province of Sulu to a “garrison state”. The plan was suspended due to the successful public action undertaken under the leadership of Mr. Tulawie.

2. Organizing fact-finding missions regarding militarization and human rights violations.

Ipil massacre, In February 2008, a civilian community in the village (or barangay) of Ipil, Maimbung, Sulu was attacked by military forces of the special Welfare Group of the Philippine Navy and Light Reaction Company of the Philippine Army, in the company of US soldiers. The attacked led to the deaths of eight (8) individuals, including two (2) children and a pregnant woman. Mr. Tulawie contacted the Commission on Human Rights (CHR) and an investigation was conducted regarding the event, and helped in the preparation of the prosecution of the erring soldiers.

Tanduh Pugut Bombing. On June 7,2008, as a response to the kidnapping and subsequent release by members of the abu Sayyaf of well-known news reporter Ces Drilon, the military ordered the widespread bombing in the community of Tanduh Pugut, barangay Siunugan, Indanan, Sulu. The military operations led to the injury of several civilian families, destruction of houses, crops, farms and other implements needed for the livelihood of the residents. After the military operations, Sulu Governor Abdusakur Tan went on national television stating that Tanduh Pugut is an Abu Sayyaf community.

Mr. Tulawie organized a fact-finding mission by civil society organizations, including international organizations Non-Violent Peace Force (NP), the Justice Peace and Integrity of Creation (JPIC) headed by Fr. Romeo Villanueva and the Commission on Human Rights (CHR, Region IX). The result of the fact-finding was presented publicly at a meeting with civil society organizations. Governor Tan subsequently backtracked on his earlier pronouncement and instead promised that he will pay for all the damages resulting from the military attacks. However, Gov. Tan never fulfilled his promise.

3. Proclamation of a State of Emergency in Sulu. On March 31,2009, Gov. Tan issued Proclamation no. 1 which placed the entire province of Sulu under the State of Emergency. This came at the heels of the kidnapping of International Committee of the Red Cross (ICRC) personnel, including two (2) foreigners. On that same day, warrantless search and seizure operations were conducted which resulted in the arrests without charges of several innocent civilians.

Alarmed by the widespread violations occurring in relation to the declaration of the state of emergency, Mr. Tulawie asked Gov. Tan about the guidelines for the implementation of the state of emergency and the reason for the mass arrest of the civilians.

In response, Gov. Tan told Mr. Tulawie that those who had been arrested are not innocent civilians, and that the arrests were not without bases. He likewise lamented that human rights organizations are always complaining when people get arrested. In reply, Mr. Tulawie reminded Gov. Tan about the previous instances wherein innocent civilians were massacred and killed due to “legitimate” military operations, which reply apparently irked Gov. Tan. Later, that same day, Gov. Tan called up Vice Mayor Tamrin Tulawie, an uncle of Mr. Tulawie, to asked for a meeting with Mr. Tulawie’s mother and two (2) brothers and told them that he is no longer responsible for whatever might happen to Mr. Tulawie and his family.

Undeterred, Mr. Tulawie continued with his activities, and on April 4,2009,
He and two (2) other companions filed a petition before the Supreme of the Philippines (SC) questioning the legality of Proclamation no. 1. Mr. Tulawie also proceeded with a plan to hold a big protest action in front of the Governor’s office, calling for the release of the arrested civilians. The planned action was eventually cancelled because the Regional State Prosecutor of Region IX issued an order releasing those arrested.

4. Gang rapes in Sulu. Mr. Tulawie also provided support to the women and girls who were victimized in a series of gang rapes in Sulu. He spoke in a rally, calling for the accountability of the local governments in their inability to protect the women, and for allegedly conniving with the perpetrators of these crimes. Some of the perpetrators are the sons of prominent families and members of the Civilian Emergency Forces (CEF), i e, Sulu’s own paramilitary force, and a brainchild of the governor.

These and other human rights campaigns endeared Mr. Tulawie to the citizen’s of Sulu, but increasingly threatening to the local political leaders’ standing in the people’s eyes. In a meeting with the civil society, the Governor expressed that human rights reporting and advocacy are detrimental to the image of Sulu (in reference to the sitio Tanduh Pugut). In another meeting with CSOs, this time regarding the proposed ID system, the governor maintained that as the local chief executive, he alone will make decision on the ID and brushed aside the opposition thereto expressed by the CSO leaders.

FACTS OF THE CASE: (narrative taken from the court documents)

At about noontime of May 13,2009, a bomb exploded as the convoy of Governor Abdusakur Tan was cruising the road from the Provincial capitol on his way home. Inside governor Tan’s vehicle were the governor, his son-in-law, Mayor Hatta Berto and Vice Mayor Tamrin Tulawie. Allegedly, twelve (12) persons were injured during the incident.

On May 26,2009, Mohammad Sulayman Muin and Juhan Alihuddin were arrested and later on forced to admit their culpability and accordingly named as respondent Mr. Temogen Tulawie and Congressman Arbison of the second District of Sulu as the alleged masterminds. The two (2) allegedly signed separate extra-judicial confessions.

In the alleged extra-judicial confession of Sulayman Muin dated May 28,2009, implicating Mr. Tulawie as the mastermind, he said he met the respondent on either the last week of April or first week of May 2009 at the latter’s house. He was with Muammar Askali and Juhan Alihuddin. During the said meeting, Mr. Tulawie allegedly laid out the two plans that he and Congressman Arbison plotted to assassinate complainant governor Tan.

In his another extra-judicial confession dated June 3,2009, he identified the motorcycle with plate number jk 2380 as the same motorcycle allegedly given to him by Mr. Tulawie.

In the alleged extra-judicial confession of Juhan Alihuddin dated May 29,2009, it stated that they met with Mr. Tulawie in the latter’s house and during that meeting, he allegedly presented to them a motorcycle Yamaha Crypton to be laid with bomb to assassinate governor Tan. Although, he was not present during the explosion, he was accordingly given TEN THOUSAND (P 10,000.00) by Sulayman Muin.

On the basis of these extra-judicial confessions, on June 10,2009, governor Tan submitted and filed his affidavit of complaint and that of his witnesses against Mr. Tulawie and congressman Arbison before the office of the Regional State Prosecutor of Region IX.

On June 13,2009, Mr. Tulawie filed a Petition for Writ of Amparo to Court of Appeals in Cagayan de Oro City, Mindanao and on June 23,2009 he was granted Temporary Protection order and eventually provided escorts from the Philippine Marines.

On June 15,2009, the Regional State Prosecutor Regional Order no. 20, designating the City Prosecutor of Zamboanga as Acting Provincial Prosecutor of Sulu for the purpose of conducting the preliminary investigation in the case of Mr. Tulawie and others.

Thereafter, the City Prosecutor of Zamboanga issued a Resolution requiring the CIDG to submit within ten (10) days additional evidence against congressman Arbison, otherwise the same shall be dismiss.

On June 29,2009, Juhan Alihuddin executed a counter-affidavit (Kontra-Salaysay), denying the voluntariness of the earlier confession and categorically denied having known the plans to kill governor Tan and claimed that he was merely forced to sign the confession by the Police and denied that he was represented by counsel during the investigation. He said the counsel was merely provided by the Criminal Investigation and Detection Group (CIDG), after he had already signed the prepared confession and that the contents of the said extra-judicial confession were false.

On June 30,2009, Mr. Tulawie filed a Petition for Certiorari at the Court of Appeals in Cagayan de Oro City, questioning the jurisdiction of the Regional State Prosecutor of Region IX to accept the said complaint and his power to designate the Zamboanga City Prosecutor as Provincial Prosecutor of Sulu and to conduct the preliminary investigation against the accused. The case is docketed as CA-G.R. no. 03016, entitled “Temogen S. Tulawie vs. City Prosecutor of Zamboanga and the Regional State Prosecutor”,

On July 2,2009, the City Prosecutor issued another resolution dismissing the complaint against congressman Arbison, but issued subpoena against Mr. Tulawie.

Mr. Tulawie with express reservation of the Petition for Certiorari he filed, submitted his counter-affidavit and that of his witnesses which was notarized on July 1,2009. He admitted that he met the said accused sometime in May but it was not their first meeting because he subsequently recalled having met Juhan and Muammar earlier. He said that meeting was his first meeting with Sulayman. He denied having any hand on the explosion and also denied having given the other accused any money, motorcycle, mobile phone or any other considerations for the purpose of killing, assassinating or doing the governor any harm. He denied the meeting on May 19,2009 because he was at Panamao, Sulu and arrived at Jolo after six o’clock in the evening of that day, which is corroborated by several witnesses. And most importantly, he has no intention, motive or desire to do or cause any harm against the governor.

Several affidavits were submitted by Jaga Lupah Sug, another Human Rights Group, signed by residents of Manang, Indanan, Sulu where Muammar Askali lives and they all affirmed the fact that Muammar Askali was at his home from the morning of May 13,2009 until the afternoon and that it was physically impossible for him to have triggered of the bomb as claimed by accused Sulayman at about noon time on May 13,2009 at Patikul, Sulu.

On July 22,2009, Prosecutor Ricardo G. Cabaron, City Prosecutor of Zamboanga City, without calling for a clarificatory hearing on the case, found probable cause against Mr. Tulawie and subsequently issued resolution.

On the same date, two (2) information were filed against Mr. Temogen Tulawie, Muammar Askali, Sulayman Mohammad Muin, Juhan Albani Alihuddin and a certain ABS, criminal case of Multiple Frustrated Murder and Attempted Murder, criminal case no. (07-09) 1648-3 and criminal case no. (-7-09) 1649-3 at the Regional Trial Court (RTC) branch 3 of Jolo, Sulu.

On July 27,2009, Mr. Tulawie filed through his counsel his consolidated Motion to Quash the Information, to hold in abeyance the issuance of the warrant of arrest and to recall the warrants, if one has been issued, and/or to suspend the proceedings pending the Petition for review. The court however, is presently vacant with the recent retirement of presiding Judge Allen Abubakar.

On July 28,2009, a Petition for Review was filed by Mr. Tulawie at the office of the Department of Justice (DOJ), Office of the Secretary, Manila, but until this period no resolution was issued.

On October 5,2009, a warrant of arrest was issued against Mr. Tulawie by Judge Leo Jay T. Principe. He issued the warrant without considering that a Petition for Review filed at the Court of Appeals is still pending for resolution.

SUGGESTED ACTION

PLEASE WRITE THE CONCERN GOVERNMENT AGENCIES AND CALL FOR FAIR, IMPARTIAL AND SPEEDY DISPOSITION OF THE CASE OF MR. TULAWIE.

Thank you.

SAMPLE LETTER:

RE: A HUMAN RIGHTS DEFENDER WAS DENIED DUE PROCESS AND CHARGED IN COURT, NOTWITHSTANDING PROCEDURAL AND SUBSTANTIVE LAPSES IN THE INVESTIGATION.

Dear_______.

Greetings of peace!

I am writing to express my grave concern regarding the plight of Mr. Temogen S. Tulawie, a human rights defender. I have known that he was arrested on January 13,2012 in Davao City. Prior to his arrest, he was already planning to voluntarily give himself and face the charges hurled against him after the Supreme Court already granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) OF Davao City, because he believes that he will not be afforded with impartiality if his case will be tried in Jolo, Sulu.

Previously, I was informed that Mr. Tulawie is a member of different human rights organizations working on human rights issues in Sulu. His activities as human rights defender includes, public information campaigns, organizing peace rallies and peaceful protests against government policies which is detrimental to human rights.

Earlier, it was known that Juhan Alihuddin another prosecution witness had already executed his counter-affidavit on June 29,2009, denying the voluntariness of his earlier confession. He also denied that he was represented by a counsel during the investigation and that the counsel was merely provided by the investigation personal of the Criminal Investigation and Detection Group (CIDG), after he had already signed the prepared confession and that the contains of the said extra-judicial confession were false.

With this vital information, I am calling for the fair, impartial and disposition of his case. Moreover, I am calling all concerned government agencies to guarantee the full respect for human rights of Mr. Tulawie, who is a known human rights defender and as such should be accorded full protection of his rights as stated in the United Nations Declaration on Human Rights Defenders.

I trust that you will act favorably. Thank you.

Sincerely,

PLEASE WRITE TO OUR RESPECTIVE AGENCIES OF THE GOVERNMENT:

1. His Excellency Benigno Simeon C. Aquino III
President of the Republic of the Philippines
Malacanang Palace
JP Laurel St., San Miguel, Manila 1005
Fax: +63 2 7361010
Tel: +63 2 735 6201/564 1451 to 80

2. Hon. Loretta Ann Rosales
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
Fax: +63 2 929 0102
Tel: +63 2 928 5655/926 6188
Email: mtm_rodulfo@yahoo.com

3. Hon. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004, Manila
Fax: +63 2 521 1614
Email: soj@doj.gov.ph

4. Atty. Jose Midas Marquez
Court Administrator
Supreme Court of the Philippines
3rd Flr., New Supreme Court Bldg.,
Annex, Padre Faura St., Ermita
1000, Manila
Tel: +63 2 522 590 to 94
Telefax: +63 2 526 8129
Email: pio@supremecourt.gov.ph
sc.judiciary.gov.ph

5. Police Director General Raul M. Bacalso
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax: +63 2 724 8763/ +63 2 723 0401
Tel: + 63 2 726 4361/4366/8763
Email: feedback@pnp.gov.ph

6. Hon. Emilio Gonzalez
Deputy Ombusdman
Office of the Deputy Ombudsman for the Military
And other Law Enforcement Offices
3rd Flr., Ombudsman Bldg.,
Agham Road, Diliman, 1004 Quezon City
Fax: +63 2 926 8747
Tel: +63 2 926 9032

7. Hon. Juan Ponce Enrile
Senate President
Office of the Senate
Contact:

Office of the Senate Secretary
Hon. Emma L. Reyes
Senate Secretary
Office address: 6th flr., Senate of the Philippines, Roxas Blvd., Pasay City
Contact numbers: +63 2 552-6601 loc. 6129/23 & 24
+63 2 552-6676
Email address: osec@senate.gov.ph

[URGENT ACTION] Stop the Arrest of Indonesian and Filipino Activists in Bali, Indonesia

URGENT ACTION: Stop the Arrest of Indonesian and Filipino Activists in Bali, Indonesia

Three civil society activists from Indonesia and four from the Philippines were detained by Bali police for more than 12 hours starting Friday November 18 at 3:00 afternoon until 4:15 am November 19.

The incident happened after the local police clamped down on a rally that passed several foreign Consulate offices in Bali including those of the US and Japan on the morning of Friday, 18 November 2011. The rally was organized by Indonesian Civil Society Coalition to coincide with the ASEAN Summit attended by world’s most powerful countries’ leaders including Barack Obama.

The civil society coalition called for ASEAN countries to defend their people’s rights and sovereignty and meet the needs of their people first before servicing rich countries’ drive to plunder and control the remaining natural resources of ASEAN countries.

They further called on the ASEAN country leaders to claim reparations and restitution of ecological debt, including climate debt, owed by industrial countries to the peoples of the South. Acknowledgment of the past and present wrongs by the rich countries and their taking action based on respect for rights and needs of people in the majority world – most of them former colonies – is fundamental to ecological and climate justice.

Schemes being set up as solution to climate change, such as REDD, allow rich nations to go on with business-as-usual, instead of addressing their responsibilities and obligations including tackling the problem in their own backyard first and foremost. Without climate justice, very little progress would be made to solve the dire problem of climate change. And we are running out of time.

The peaceful rally was organized to address these concerns and, ironically, was met by narrow-mindedness of the Indonesian authorities who did not respect the protestors to right to freedom of expression. The authorities clearly were not interested in the state of our common future to prevail.

As of press time, four activists of the Philippines – 3 from Jubilee South- APMDD and 1 from the Freedom from Debt Coalition, are facing possible criminal charges or of deportation. The police have yet to decide the fate of the 3 activists of Walhi (Indonesian Friends of the Earth). Final decision will be made by the police by 8:00 am Bali time.

We urgently ask your solidarity to send messages to the Indonesia and local Bali authority below to get back to their senses and respect the freedom of expression as guaranteed by the Indonesian law.
1. Indonesian Chief of Police: General Timur Pradopo (Mobile number: +628128102123)
2. Bali province Chief of Police: Inspector General Totoy Herawan Indra
3. Bali province Vice Chief of Police: Ketut Untung Yoga (Mobile: +62 811 386 9994)
4. Director of Intelligence of Bali Police: Commissioner General Oman Sunarya (Mobile: +62 811 898 171)
5. CC to Chair of Human Rights Commission of Indonesia IFDHAL KASIM (+62811196579) and Chair of Human Rights Commission of the Philippines LORETTA ANN ROSALES (+639189334356) and Philippine Embassy in Jakarta (+62213100334)

The three activists from WALHI (Friends of the Earth-Indonesia) are:
1. Sri Ranti
2. Teguh Surya
3. Gendo Suardana

The four activists from JSAPMDD & FDC are:
1. Lidy Nacpil (JSAPMDD Regional Coordinator & FDC Vice President)
2. Manjet Lopez (FDC Vice President & SANLAKAS SecGen)
3. Malou Tabios (JSAPMDD Secretariat)
4. Rhoda Viajar (JSAPMDD Secretariat)

Contact Persons:
Ahmad SH (WALHI) +6281337374038
Milo Tanchuling (representative of Filipino activists) Cel Phone +639209018711 email

[Urgent Action] Torture of Abdul-Khan Balinting Ajid – www.tfdp.net

Dear Friends,

Task Force Detainees of the Philippines (TFDP) and Mindanao People’s Caucus (MPC) write to inform you about the arrest and alleged torture committed to a native of the Yakan tribe in Barangay Libug, Sumisip, Basilan Province, island of Mindanao.  He was arr

ested on July 23, 2011 at about 5:30 in the morning. The alleged perpetrators were members of Special Operation Task Force Basilan (SOTF-B) belonging to 39th Scout Rangers under the command of Colonel Alexander Macario.

VICTIM                                  Abdul-Khan Balinting Ajid, 39 years old, married   
DATE OF INCIDENT         July 23, 2011 at about 5:30 a.m.
PLACE OF INCIDENT       Barangay Libug, Sumisip, Basilan Province

_________________________________________________________
CASE BACKGROUND:

Abdul Khan Balinting Ajid photo by Bantay Ceasefire

Abdul Khan Balinting Ajid photo by Bantay Ceasefire

Abdul-Khan Balinting Ajid, a native of a Yakan tribe, and a baker for eight (8) years was forcibly taken inside their house on July 23, 2011 at about 5:30 in the morning, in Barangay Libug, Sumisip, Basilan Province, and later tortured by his captors. The alleged perpetrators were members of Special Operation Task Force Basilan (SOTF-B), belonging to 39th Scout Rangers under the command of Colonel Alexander Macario.

According to Noraisa Imban Induh, Ajid’s wife, midnight of July 22, they already sensed that there were some persons monitoring outside their house. At 4:30 the following morning, he and his wife were already awake. While Ajid was preparing the dough, a stone was thrown at their house and then somebody kicked the door and forcibly opened it.  A group of uniformed men wearing camouflage entered their house. Ajid was ordered to lie face down. He was kicked at the back and both of his hands were tied using a plastic straw.

Noraisa said that two (2) of their children who were present during the incident lost consciousness because of fear upon seeing soldiers with long firearms. The soldiers searched every part of their house and destroyed their belongings, as well as the ingredients and equipment in the bakery. Noraisa was asked if they possessed a gun. She answered in the negative.

After searching the house, the soldiers then grabbed Ajid who was still lying face down on the ground.  He was dragged out of the house and was made to walk towards an approaching six-by-six truck. Reportedly, there were about 40-50 soldiers involved. Ajid was told that he will be brought for investigation.

Ajid narrated that he was first brought to Magdal place and stayed there for 15 minutes.  They then passed by Tipo-tipo, Basilan and went to a military brigade. He was blindfolded throughout their travel but he managed to see a little bit so he was able to recognize the place where he was brought to.

According to Ajid, when they reached the military camp, he was brought to the waiting shed. He said he was not given any food. A person arrived and interrogated him. He was asked if he is a member of the Abu Sayyaf group, which he denied. He was asked if he knew any Abu Sayyaf members.  Every time he denied, he was paddled with wood on the back, stomach and shoulder.  He was also kicked on the head.

On July 24, he was not interrogated and he was given food. In the evening, he was interrogated and asked if he possessed two (2) guns. He was told that his sister had his guns, but Ajid denied owning a gun.  After that, they started beating Ajid again.  He was punched and kicked several times on different parts of his body.  After he was beaten, a bottle was inserted in his anus for four times.

On July 26, 2011, he was brought to the Office of the Department of Justice.  Below was the conversation that transpired at the Prosecutor’s Office in Zamboanga City:

Q: Who is the commander when you entered the Abu Sayyaf group?
A: I did not join any organizations.
Q: Are you involved in the kidnapping of the priest in Lamitan, Basilan?
A: I am not involved of any kidnapping happening in Basilan.
Q: Are you involved in the war that happened?
A: I do not know anything about it.

The Prosecutor asked how many children Ajid has and he answered that he has five children. Then he was asked who the eldest among his children is.  Ajid said that Jayjay is the oldest.  But one of his captors said that the one named Juhaydi, an Abu Sayyaf member, is his eldest son.  Ajid denied this.

When they got out of the Prosecutor’s office, Ajid was kicked on the stomach. They then went to a a nearby food store and after that, they went back to the Prosecutor’s office and waited outside for a few minutes.

At about 3:00 p.m., the victim was brought somewhere in Zamboanga town where his captors drunk.  After that, the victim was brought to the port where they boarded a speed boat going to Basilan. His blindfold was removed throughout their travel. When they arrived in Basilan port, the victim was again blindfolded and his head was covered.  He was also handcuffed.

At about 8:00 p.m., at the military brigade, he was again interrogated. One of the captors said that, “You are lying, you are a member of the Abu Sayaff”. The victim was put upside down in a drum filled with water until the victim nearly drowned. A bottle was also inserted in his anus for four (4) times.  Gasoline was then poured from his head to his lower abdomen and he was set on fire.  Ajid could not recall how the flames died.  Before the victim was burned, he was only wearing jeans.  He had no underwear and shirt.  Ajid’s captors told him that his life will already end.  His right foot was also burnt with cigarette.

The following day, July 27, they changed the victim’s pants, gave him a shirt and fed him. He was very weak and slept the whole morning.

At 2:00 p.m., upon the order of Judge Leo T. Principe of the Regional Trial Court (RTC) Branch 1 in Basilan, where Ajid’s wife filed a petition for Writ of Habeas Corpus, the sheriff served the order at the military brigade  in Tabiawan, Isabela City, Basilan.  In the Sheriff’s report, he stated that the body of the aforementioned Abdul-Khan Ajid was presented before the sala of the RTC of Basilan, Branch 1, Isabela City at around 3:21 p.m. on the same day. At the court, Ajid’s family was able to see his poor condition.

On the same date, Judge Leo T. Principe issued a commitment order for Ajid which stated  that the victim be committed to Provincial Jail in Isabela City, Basilan pending the determination by the court of the legality of his arrest said to be pursuant to the alias warrant issued by Branch 2 of the RTC of Basilan. The name of the victim was not reflected in the warrant of arrest and in the amended information.

In the evening, the victim was brought to Basilan Community Hospital, Inc. for treatment. An initial medical finding issued by Jheimar B. Francisco, M.D., attending physician on July 30, 2011, stated that the victim suffered partial and superficial thickness flame burns on the face, neck, lower abdomen, thighs and right shoulder (copy of the medical certificate hereto attached).

On July 31, 2011,  Atty. Raissa Jajurie filed a motion for transfer of confinement to the hospital in Zamboanga City.  This was immediately granted by the court.  The victim was later transferred to Zamboanga Medical Center for further medication.

On August 1, 2011, a news article (“4 Soldiers in Torture of the Abu Suspect for Probe”) regarding the incident was printed in the Philippine Daily Inquirer (PDI).
An excerpt of the article stated that, “A junior officer and three senior enlisted personnel from the Army elite forces were placed under “technical arrest” last week while under investigation for allegedly torturing a suspected Abu Sayyaf bandit involved in the infamous 2001 Lamitan siege.”

“The four members of the Army Special Operations Task Force (SOTF) were disarmed, relieved from their duties and restricted to their station in Basilan, said Colonel Domingo Tutaan Jr., who heads the Armed Forces of the Philippines (AFP) Human Rights Office.”

“Facing investigations are Captain Sherwin Guidangen, Staff Sergeant Elmer Magdaraog, Sergeant Edgardo Santos and Sergeant George Awing.”

On August 2, 2011, the victim started talking and recalling his ordeal at the hands of his captors.

SUGGESTED ACTION:

KINDLY WRITE LETTERS TO THE FOLLOWING GOVERNMENT INSTITUTIONS AND INDIVIDUALS CALLING FOR THE FOLLOWING PURPOSES:
1.To the Office of the Supreme Court of the Philippines, to conduct impartial investigation and determine the liability of Judge Leo T. Principe of RTC Branch 1 of Isabela City, Basilan in issuing a commitment order to Abdul-Khan Ajid on July 27, 2011 when in fact he has no jurisdiction over the said victim, considering that no case has been filed at his sala.

Quoting the order he issued:  To the Provincial Warden, Isabela City, Basilan Province “I hereby commit to you the person of Abdul-Khan Ajid y Balinting be kept in custody pending the determination by this court of the legality of his arrest said to be in pursuant to an alias warrant issued by Branch 2 of the Regional Trial Court (RTC) of Basilan. (copy of the amended information hereto attached which does not contain the name of the victim and also the warrant of arrest that does not contain his name, as well).

Judge Principe himself was totally aware about the physical condition of the victim.  He should have ordered for his immediate confinement in a hospital and not issued a commitment order that justified the victim’s incarceration.

2.To the Office of the Secretary of the Department of Justice (DOJ), Atty. Leila de Lima, to conduct an impartial investigation regarding the liability of the Prosecution office in Zamboanga City, in which without jurisdiction, the said Prosecutor asked questions to the victim even if it was not an inquest proceeding.

In warrantless arrest, the victim should be immediately brought to the Fiscal for inquest and probable cause for filing of case will be based on the evidence and witnesses presented by the complainant or arresting officer. In this case, when the victim was presented to the prosecutor, no complaint has been filed against him.

As prosecutor, his duty is not only to give justice to the victims, but also to ensure that the human rights of the accused are not violated.

3.To the Office of the Armed Forces of the Philippines, particularly Colonel Domingo J. Tutaan Jr., head of the Human Rights Affairs Office, to ensure that after determining the violation committed by the suspected military officers, justice be afforded to the victim and the families will be informed of such actions undergone by his office.

4.To the office of the Commission on Human Rights, Hon. Loretta Ann P. Rosales, to conduct an impartial investigation and to provide assistance to the torture victim, as provided for by Republic Act (RA) 9745.

Thank you.
RITA M. MELECIO
Mindanao Team leader
Task Force Detainees of the Philippines
Contact # 09497215341

SAMPLE LETTER:

Dear_______,

Greetings of peace!

I am writing to express my concern regarding the arrest and alleged torture of Abdul-Khan Balinting Ajid, 39 years old, a baker and a native of the Yakan tribe in Barangay Libug, Sumisip, Basilan Province in the island of Mindanao on July 23, 2011 at 5:30 in the morning. The perpetrators were said to be members of Special Operation Task Force Basilan (SOTF-B) belonging to 39th Scout Rangers under the command of Colonel Alexander Macario.

I have known that after his apprehension, he was brought to a military brigade in Tabiawan, Isabela City, Basilan where he experienced torture.

According to information I received, inside the camp, when he was interrogated and every time he denied any involvement with the Abu Sayyaf group he was paddled on the back, stomach and shoulder with wood. He was also kicked on the head.

I have also known that in the evening of July 24, after the military conducted interrogation and the victim denied the accusations, they started beating him again. He was punched and kicked for several times on different parts of his body. After he was beaten, a bottle was inserted in his anus for four (times).

On July 26, 2011, the victim was brought to the office of the Department of Justice, at the Prosecutor’s office in Zamboanga City and allegedly asked questions by the  Prosecutor.
I was told that at about 8:00 in the evening, at the military brigade, he was again interrogated and tortured. The victim was put upside down in a drum filled with water until he nearly drowned. A bottle was also inserted in his anus for four (4) times and thereafter, gasoline was poured on his head down to his lower abdomen.  He was then set on fire.  Ajid could not recall how the flames died.  Before the victim was burned, he was only wearing jeans.  He had no underwear and shirt.  Ajid’s captors told him that his life will already end.  His right foot was also burnt with cigarette.

I was also informed that on July 27, 2011 at 3:00 p.m., the victim was presented in court, by virtue of the order of the court in pursuant to the petition for a Writ of Habeas Corpus filed by the victim’s wife. However, Judge Leo T. Principe issued a commitment order for the victim to be incarcerated at the Provincial Jail in Basilan without basis.  The victim has no pending case filed in his sala. Therefore, he has no jurisdiction over the said victim.

The Philippines is a signatory to the International Convention on Civil and Political Rights (ICCPR), Universal Declaration of Human Rights and also the United Nations Convention Against Torture and other cruel, inhuman or degrading treatment or punishment. As a State party to these international instruments, the Philippine government is bound to respect and abide by the provisions stipulated therein. Our Philippine Constitution, particularly the bill of rights also prohibits the use of torture. The Philippines had also passed Republic Act 9745 also known as the Anti-Torture Law of 2009, which criminalizes acts of torture.

I am urging that an impartial investigation will be conducted and perpetrators of this crime will be brought to justice.

I trust that you will act favorably.  Thank you and God bless.

Sincerely,

Please send letters to:
1.Honorable Benigno Simeon Aquino III
President
Republic of the Philippines
Malacañang Palace
JP Laurel Street, San Miguel, Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2.Hon. Loretta Ann Rosales
Chairperson
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3.Atty. Persida V. Rueda-Acosta
Chief, Public Attorney’s Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue, 1104 Quezon City
PHILIPPINES
Tel. No.: +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email: chiefacosta@edsamail.com.ph

4.Atty. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura, 1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

5.Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and other Law Enforcement offices            3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Fax: +63 2 926 8747

6.Atty. Jose Midas Marquez
Court Administrator
Supreme Court of the Philippines
3rd Flr., New Supreme Court Bldg.,
Annex, Padre Faura St., Ermita
1000, Manila
Tel: +63 2 522 590 to 94
Telefax: +63 2 526 8129
Email: pio@supremecourt.gov.ph, sc.judiciary.gov.ph

7.Lt. General Ricardo A. David, Jr.
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ office, Camp General Emilio Aguinaldo
Quezon City, Philippines
Fax : + 632 9116436

8.Colonel Domingo J. Tutaan, Jr.
Head, Human Rights Affairs Office
Armed Forces of the Philippines
Tel: + 632 9116001 to 50

[Urgent Action] torture of a minor a 17 year old college student in Basilan, Mindanao

Urgent action-torture of a minor a 17 year old college student in Basilan, Mindanao

Dear Friends,

Task Force Detainees of the Philippines (TFDP), writes to inform you about the arrest and alleged torture committed to a native of a Yakan tribe, in sitio Patikul, barangay Matatag, Lamitan City, Basilan Province island of Mindanao, who was arrested on June 23,2011. The alleged perpetrators were said to be members of 32nd Infantry Battalion under 1st Infantry Division of Philippine army and members of Philippine National Police, led by 1LT. Gian Carlo A. Galanza, Philippine Army and Police Chief Inspector Nestor Placio, PNP.

VICTIM                          : ASRAF JAMIRI MUSA, 17 EYARS OLD, A 1ST YEAR
COLLEGE  STUDENT

DATE OF INCIDENT     : JUNE 23,2011 AT ABOUT 1:45PM
PLACE  OF INCIDENT  :sitio Patikul, barangay Matatag, Lamitan City, Basilan
Province
_______________________________________________
CASE BACKGROUND:

Asraf Jamiri Musa, 17 years old and a 1st year college student, taking up Bachelor of Science in Education (BSED), was arrested along with his cousin Pawad Esmael Alpad by members of 32nd IB, 1st IDPA and members of Philippine National Police led by 1LT. Gian Carlo A. Galanza, PA and P/Chief Inspector Nestor Placio, PNP in sitio Patikul, barangay Matatag, Lamitan City, Basilan Province on June 23,2011 at about 1:45 in the afternoon.

According to Asraf, at 11:00 in the morning of June 23,2011, he was sleeping at the house of his aunt where he was staying since he studied elementary along with his cousin Pawad. When, he was awaken by his aunt because of the presence of the military.

Asraf said the military and Police search the house but they did not find anything. Accordingly, they were looking for two (2) Abu Sayyaf members Nurhasan Jamiri and Musanna J. Musa (a kidnap for ransom group), allegedly staying at the house of Hadji Samiri Alpad where Asraf also staying.

They took Asraf and Pawad and brought them to the brigade detachment in Lamitan, the aunt of Asraf accompanied them. At about 30 minutes, they were brought to the military brigade in Tabiawan, Isabela City, Basilan.

Asraf said, he was brought inside the brigade and was made to sit in a waiting shed. He was interrogated and asked if he is an Abu Sayyaf member, he replied that he is a student but they did not believed Asraf. His cousin Pawad was released but he was left behind.

He was brought inside and at about 10:00 in the evening, Asraf was forced to admit about his membership with the Abu Sayyaf group.  He was blindfolded with a handkerchief and handcuffed behind his back. Both feet were tied with a rope and he was punched hitting his stomach for three (3) times. He was also punched at the left side of his body once. When Asraf denied his membership, he was brought to a drum filled with water and was submerged for three (3) times. He was threatened for several times to admit his membership with ASG or he will be killed. Asraf said his head  was wrapped with a cellophane twice and was threatened to be buried.

Afterwards, Asraf was forced to admit again his membership with the group and was again submerged in a drum. Asraf recounted his ordeal which lasted for about two (2) hours. Then, he was brought in a waiting shed where he was tied.

On the following, June 24 in the morning, he was made to take a bath. Afterwards, he was again blindfolded and was brought in an unknown place. He was made to hold a hard object which he did not recognized what kind of object and then he sensed that he was taken pictures. Then, he was brought to the Police station and then to Fiscal’s office in Isabela City and that was the time he learned that it was a hand grenade which the military asked him to hold. Afterwards, he was again brought to Police station.

On June 25, at about 5:00 in the afternoon, he was remanded to Provincial jail in Isabela City, Basilan. A case of Illegal possession of explosive was being charged against him.

According to Asraf, one of his alleged torturer introduced himself as Lt. Galanza and he was able to recognized his companions because his blindfold was loosen.

On June 28,2011 at 10:00 in the morning a medical certificate was issued by Dr. Alfonso L. Bravo, Jr. MD, chief of hospital of Ediborah P. Yap Memorial hospital, Lamitan District hospital, according to his finding;

(+) contusion right forehead 2×3 cm
(+) abrasion, left forehead cm
(+) contusion hematoma 7 x 1 cm bridge of nose
Erythema left chest 2 x 3 cm

Duration of treatment: 7 days

Asraf, on dream is to finish his education in order to help his parents. He said during interview that if ever he will be released he will continue his schooling. This case is a clear violation of his right as a child and curtailing his right to education.

Photo of Asraf Jamiri Musa
Taken at the Provincial Jail, Isabela City, Basilan
Taken on August 2,2011
Taken by John Vincent Mesa of Medical Action Group (MAG)

SUGGESTED ACTION:

KINDLY WRITE THE GOVERNMENT OF THE PHILIPPINES, PARTICULARLY THE CONCERNED GOVERNMENT AGENCIES TO CONDUCT IMPARTIAL INVESTIGATION REGARDING THE ARREST AND  ALLEGED TORTURE COMMITTED TO THE VICTIM, THEY SHOULD BE BROUGHT TO THE BAR OF JUSTICE AND IF FOUND GUILTY APPROPRIATE SANCTIONS WILL BE METED OUT.  

THE ALLEGED PERPETRATORS WILL TRIED UNDER REPUBLIC ACT 9745 ALSO KNOWN AS THE ANTI-TORTURE LAW OF 2009 AND REPUBLIC ACT 7610, A SPECIAL PROTECTION OF CHILDREN, HIS RIGHTS AS A MINOR SHOULD BE PROTECTED AND OBSERVED.

UNDER REPUBLIC ACT 9344 OR THE JUVENILE JUSTICE & WELFARE ACT OF 2006, PURSUANT TO SECTION 23 OF THE ACT: CHILDREN IN CONFLCIT WITH THE LAW SHALL UNDERGO DIVERSION PROGRAMS WITHOUT UNDERGOING PROCEEDINGS SUBJECT TO CONDITIONS AS PROVIDED IN IT. HENCE, THE COURT SHOULD EVALUATE THE CASE OF THE VICTIM AND IMMEDIATELY PLACED HIM UNDER THE CARE OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT.

THE AUTHORITIES SHOULD BE REMINDED TO OBSERVE DUE PROCESS OF LAW AND RESPECT OF HUMAN RIGHTS.

Thank you.

SAMPLE LETTER:

Dear_______.

Greetings of peace!

I am writing to express my concern regarding the arrest and alleged torture of Asraf Jamiri Musa, a 17 year boy and a 1st year college student, taking up Bachelor of Science in Education. He was arrested along with his cousin by members of 32nd Infantry battalion of Philippine army under 1st Infantry Division and members of Philippine National Police led by 1Lt. Gian Carlo A. Galanza, Philippine army and P/Chief Inspector Nestor Placio, PNP in sition Patikul, barangay Matatag, Lamitan City, Basilan Province in Mindanao on June 23,2011.

I have known that after his apprehension, he was brought to a military brigade in Tabiawan, Isabela City, Basilan where experienced torture. According to information I received, inside the camp, he was blindfolded with a handkerchief and handcuffed behind his back. Both feet were also tied with a rope and he punched hitting his stomach for three (3) times. While being interrogated he was forced to admit his membership with the Abu Sayyaf Group (ASG) and when he denied he was brought to a drum filled with water and was submerged for three (3) times. The victim was also threatened for several times to admit his membership with the group or he will be killed. His head was also wrapped with a cellophane twice and was threatened to be buried.

I was also informed that on June 24, he was taken by the military to an unknown place while being blindfolded and was made to hold a hard object which he did not recognized what kind of object he was holding to. Then, he sensed that he was taken pictures. He was brought to the Police station, then, to Prosecutor’s office and then that was the time he learned that the hard object which the military made him to hold was a hand grenade. A case of illegal possession of explosive was being charged against him.

The Philippines is also a signatory to the International Covenant on Civil and Political Rights (ICCPR), Universal Declaration on Human Rights and also United Nations convention against torture and other degrading treatment or punishment. As signatory to this covenants the Philippine government is bounded to respect and abide by the provisions stipulated therein, which prohibits the use of torture. Our Philippine Constitution, particularly the bill of rights also prohibits the use of torture. The Philippines had also passed Republic Act 9745 also known as the Anti-Torture Law of 2009, which criminalizes acts of torture. Asraf should also be protected under Republic Act 7610, a Special Protection of Children.

I am urging that Asrf Jamiri Musa will be placed under the custody of the department of Social Welfare and development (DSWD) in pursuant to Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.

I am also urging that an impartial investigation will be conducted and perpetrators of this crime will be brought to justice.
I trust that you will act favorably.  Thank you and God bless.

Sincerely,

Pls send your letters to:

1.Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2.Hon. Corazon “Dinky” Soliman
Secretary
Department of Social Welfare and development (DSWD)
DSWD bldg., Batasan Hills, 1126 Quezon City, Philippines
Trunkline: (632) 931-81-01 loc. 300, 302, 303
Tel/Fax: (632) 931-81-91
Office: Tel: (632) 931-81-01 to 07

Attention: Atty. Marijoy D. Segui
OIC, Director, Legal Service
Trunklines: (632) 931-81-01 loc 417-418
Tel/Fax: (632) 951-22-38

3.Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

4. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No.: +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email: chiefacosta@edsamail.com.ph

5. Director General Raul Bacalzo
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com

6. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

7. Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Fax: +63 2 926 8747

[Urgent Action] A farmer was killed and his son was seriously wounded as a result of an alleged strafing by members of the Philippine Army (PA)- www.tfdp.net

Urgent Action: (Philippines) A farmer was killed and his son was seriously wounded as a result of an alleged strafing by members of the Philippine Army (PA)

Type of Violation: Strafing/Extra-judicial Killing/Arbitrary Arrest and Detention/Forced Eviction
Victims: Nicanor Herrera Mariano; Norman Esquibel Mariano; Florita Verceles Esquibel
Date and Time of Incident: July 19, 2011, 4:30 a.m.
Place of Incident: Sitio Batong Munti, Barangay Camachili, Doña Remedios Trinidad, Bulacan, Philippines
Alleged Perpetrators: Alleged members of the 56th Infantry Battalion of the Philippine Army (PA)

Account of Incident

Photo documentation by Rommel Yamzon / TFDP

A farmer was killed while his son was seriously wounded as a result of an alleged strafing by fully-armed military personnel in a mountainous side of Doña Remedios Trinidad in Bulacan Province.

On July 18, 2011, Ms. Florita Esquibel, 66, together with her son Nicanor Mariano, 46, and grandson Norman Mariano, 18, went to Sitio Batong Munti, Barangay Camachili to do “Kaingin” (an old practice of burning trees for cultivation and to produce charcoal). The three decided to stay overnight. At around 4:30 a.m. on July 19, Florita, Nicanor and Norman were awakened by blaring sounds caused by several gunshots fired toward them. Although shocked and terrified, Florita was able to shout that they are civilians and they should not be fired at. At that point, Florita saw blood on Norman’s shirt when he stood up.

Moments later, one of the soldiers instructed them to get out of the nipa hut. Florita immediately came out. She saw around twenty (20) armed soldiers in full battle gear. The military asked where her companions are. Florita told them that they are wounded inside the nipa hut and laying on the ground. Again the soldiers asked Florita if those wounded can stand up. She cautiously went inside the nipa hut to get her grandson.  The soldiers approached them instantly.

An unidentified army officer told Florita that her grandson is a member of the New People’s Army (NPA). They also asked Florita how old Norman is. She told them that her grandson is not a member of the NPA. Florita added that they are only farmers and “Kaingin” is one of their sources of livelihood.

One of the military went inside the nipa hut, and after inspection, he immediately reported to the head of the group. The army officer declared that Nicanor, Florita’s son is dead. The soldiers instantly pointed their automatic rifles upward and fired simultaneously. According to Florita, the gunshots lasted for a minute.

When they finally stopped, Florita begged and kneeled down in front of the military officer to allow her to seek help and bring Norman to the hospital. At first, the military did not subscribe to her idea. After several hours of pleadings, Florita was able to convince the soldiers to let her go. On her way down from the mountain, she came across other soldiers going towards the direction of the incident.

Florita walked several kilometers until she reached a mining/quarrying site known as “Silica”. She asked the person in-charge for help. They tried to contact former Barangay Bayabas Chairperson Mr. Levirato San Pedro through a radio communication system but to no avail. Again, Florita proceeded walking until she arrived at their house in Sitio Suapong. She together with family members sought the assistance of barangay officials to bring Norman and the dead body of Nicanor from the woods. The barangay officials were about to approach the site when they were restricted by soldiers.

At around 5:00 p.m., the soldiers brought the wounded Norman to Doña Remedios Trinidad Municipal Hall. Mayor Ronaldo T. Flores provided an ambulance that brought Norman to V. Luna Hospital/Armed Forces of Philippines (AFP) Medical Center in Quezon City. He was accompanied by her aunt Leni Esquibel while guarded by two (2) soldiers inside the ambulance.  A military truck full of soldiers served as security escorts on their way to the hospital.

Meanwhile, the dead body of Nicanor was brought down from the mountain by the soldiers and it was turned over to the family before midnight on July 20, 2011.

NGO Intervention

On July 22, 2011, the staff from the Task Force Detainees of the Philippines (TFDP) and Sulong CARHRIHL (an institution that monitors the “Comprehensive Agreement for the Respect of Human Rights and International Humanitarian Law” between the Communist Party of the Philippines and government) went to the house of victims and talked with the family. After the interview, the group was able to exchange contact numbers for updates.

On June 23, 2011, a lawyer form Libertas (a human rights law center) went to V. Luna Hospital to visit Norman. The hospital staff told the lawyer that they already discharged Norman in custody with his family.

On the same day, a quick response team (QRT) composed of human rights institutions was organized to extend assistance to the victims. During the meeting, they received a mobile phone text message (SMS) from Florita. According to the message, the soldiers allegedly transferred Norman to the Fort Bonifacio General Hospital inside an army camp in Taguig City even without the consent of the family, and even in his critical condition.

The group decided to proceed to the house of Florita for fact finding. The group also sought the assistance of the Commission on Human Rights (CHR) and a medical doctor from the Medical Action Group (MAG) to conduct an autopsy of Nicanor.

On June 24, 2011, the group via Libertas lawyer confirmed that Norman is in Fort Bonifacio General Hospital and in custody of the military.

Current Situation

Presently, the soldiers prohibit people from going to the place where the incident happened. Residents are now helpless since they do not have access to the land which is their means of livelihood. They are afraid that soldiers might take possession of the agriculture crops they produce.

Florita is now worried that the military might get back and do harm to her family since they are planning to file a case against the perpetrators.

Action Requested

Please write to the authorities in the Philippines urging them to:
1.    Call upon competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the alleged strafing incident that led to the killing of Nicanor Mariano and wounding of his son Norman Mariano, allegedly done by members of the Philippine Army (PA) and ensure that adequate, effective and prompt reparation, is granted to the victims and their families;
2.    Conduct an investigation for the supposed restrictions of the military not to allow people to access their land and livelihood located at Sitio Batong Munti, Barangay Camachili;
3.    Release Norman Mariano in the custody of his immediate family;
4.    For the military to strictly observe the International Humanitarian Law (IHL) which recognizes and establishes protection of civilians not belonging to armed forces or armed groups. The protection also includes civilian property. The military should ensure that civilians under the power of enemy forces must be treated humanely in all circumstances, without any adverse distinction. They must be protected against all forms of violence and degrading treatment, including murder and torture.
5.    Guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.

Please send your letters to:
1.    President Benigno C. Aquino III
Republic of the Philippines
Malacañang Palace
JP Laurel Street , San Miguel
Manila 1005
Philippines
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph /opnet@ops.gov.ph

2.    Secretary Leila M. De Lima
Department of Justice (DOJ)
Padre Faura Street
Ermita, Manila, 1000
Philippines
Fax: +63 2 523 9548
Tel: +63 2 521 1908
Email: lmdelima@doj.gov.ph / doj.delima@gmail.com

3.    Secretary Voltaire T. Gazmin
Department of National Defense
Camp General Emilio Aguinaldo
Quezon City 1110
Philippines
Tel: +63 2 911 6193 / +63 2 911 0488
Emal: webmaster@dnd.gov.ph

4.     Secretary Teresita Q. Deles
Office of the Presidential Adviser on the Peace Process (OPAPP)
6th Floor, Agustin 1 Building, F. Ortigas Jr. Avenue (formerly Emerald Avenue)
Ortigas Center, Pasig City 1600
Philippines
Tel: +63 2 544 4217
Fax +63 2 638 2216
Email: feedback@opapp.net

5.     Chairperson Loretta Ann P. Rosales
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City 1104
Philippines
Tel: +63 2 928 5655, +63 2 926 6188
Fax: +63 2929 0102
Email: rosales.chr@gmail.com

6.     General Eduardo SL Oban Jr
Chief of Staff, Armed Forces of the Philippines (AFP)
DND Building, Camp Gen Emilio Aguinaldo
Quezon City 1110
Philippines
Tel: +63 2 911 6001 local 8414
Fax: +63 2 421 3531
Email: bacsecretariat@dnd.gov.ph

7.     Director General Raul M Bacalzo
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City 1100
Philippines
Tel: +63 2 722 0802 / +63 2721 6620
Email: feedback@pnp.gov.ph

8.    Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32

Documented by:

Task Force Detainees of the Philippines (TFDP)
#45 St. Mary Street, Cubao
Quezon City 1109, Philippines
Tel: +63 2 437 8054
Fax: +63 2 911 3643
Emal: tfdp1974@yahoo.com
Website: http://www.tfdp.net

[Urgent Action] (Philippines): Harassment, Intimidation and Arbitrary Arrest and Detention of Three Hanjin Workers

URGENT ACTION (Philippines): Harassment, Intimidation and Arbitrary Arrest and Detention of Three Hanjin Workers

Background Information
Case:                    Arrest and Detention / Harassment
Name of Victims:             Gilbert dela Peña, Renante Buccat, Benjamin Abenes, Jr.
Place of Incident:            Hanjin Shipyard, Subic Bay Freeport, Province of Zambales
Date of Incident:            May 17, 2011
Alleged Perpetrators:        Senior Managers of Hanjin led by Mr. Kim Yong and personnel of Hanjin Police Security (HPS), apparently in connivance with the local police

Summary of Incident

Three contractual employees of a South Korean shipbuilding company, Hanjin Heavy Industries Construction, were harassed, maltreated, arrested and detained by alleged members of the company’s police security.

Gilbert dela Peña, 27; Renante Buccat, 45; and, Benjamin Abenes, Jr., 27, were about to enter the company premises at around 7:30am on May 17, 2011 when the identification scanner installed in the Hanjin’s main entrance did not recognize their electronic identification cards. They were surprised that their IDs were already blocked. But since the security personnel assigned at the gate already knew them, the three were permitted to enter. Before they proceeded to work, Mr. Sunquil Park, manager of Binitica manpower recruiting agency who enlisted Dela Peña, Buccat and Abenes for employment, immediately called them to his office. Mr. Sunquil told them that they were already terminated from work due to a series of protest actions conducted by their group. He added that they were no longer allowed inside Hanjin.  The company charged the three with trespassing since they allegedly forced their way inside Hanjin compound. Mr. Sunquil was referring to the peaceful assembly of the association of Hanjin workers during break time.  The three were members of the association.

Dela Peña, Buccat and Abenes asked Mr. Sunquil to explain the grounds for their termination and the supposed trespassing case filed against them. The three said they were not aware of any termination order, hence they reported back to their work assignments.  In fact, their immediate superiors were expecting them to report for work.  Dela Peña, Buccat and Abenes also stressed that the Hanjin Police Security (HPS) allowed them to enter and they did not force their way in, as alleged by Mr. Sunquil.

Mr. Sunquil endorsed their concerns to Mr. Kim Yong who was then at the information office of Hanjin. During the discussion, Mr. Kim told Dela Peña, Buccat and Abenes that the company already decided to terminate their service. He added that if they want to complain, they should file a case at the labor office. While explaining their side, Buccat and Abenes were forcibly pulled and subdued by around ten (10) members of the HPS and hauled separately into two mobile vehicles, upon instructions from Mr. Kim. The two were brought to the Subic police station for blotter. The convoy was accompanied by two (2) fully armed members of the Special Action Force (SAF) from the local Philippine National Police (PNP) office. According to them, the police charged them with trespassing. Buccat suffered swelling of left cheek and bruise on his left leg during the scuffle. The police allowed them to leave the police station at 4:00 pm.

On the other hand, Dela Peña was brought and held inside the information office. He pleaded to Mr. Kim and two other managers, including Mr. Jun Jing Yong. Hanjin officials eventually let him go.

Incident prior to the arrest

On May 16, a day before the arrest, Buccat and Abenes were held by the HPS inside their so-called “interrogation room”. A certain “Galam” and “Batiquin” accused them of extorting money from their co-workers.  The said HPS members forced Buccat to admit that some of the money they apparently borrowed from their colleagues was monthly dues to support their illegal activities. They even confronted Buccat and accused him of being a “taong labas”, or affiliated with the armed rebel group.

Other Violations

According to the members of the “Samahan ng Manggagawa sa Hanjin Shipyard (SAMAHAN)” or Association of Hanjin Workers (AHW), their plight started when the management denied them of their rights. According to SAMAHAN’s records, there were already 32 workers who died in work-related accidents. They added that many workers also obtained injuries and illnesses. SAMAHAN claimed that all of these happened while performing their duties inside the Hanjin shipyard. Until now, the Hanjin management has yet to comply with necessary occupational health and safety measures based on given standards.

SAMAHAN also said that more than 60 workers, most of whom were union officers or active union members, have been terminated under the pretext of health and safety violations. Several company policies were used to suppress the workers’ right to self organization.  Blame was always put on the workers.

SAMAHAN also asserted that they experienced maltreatment from their Korean counterparts.   Filipino workers were slapped, knocked on their heads or hard hats, kicked and abused verbally.
There was a reported incident that two Korean foremen hit some Filipino Hanjin workers’ heads and slapped another with rubber gloves.

Please write the authorities in the Philippines and urge them to:
1.    Call upon competent government agencies to carry out a prompt, effective, thorough, independent and impartial investigation into the harassment, intimidation, maltreatment and arbitrary arrest of Gilbert dela Peña, Renante Buccat, and Benjamin Abenes, Jr., and other Hanjin workers who suffered similar fate, and ensure that adequate, effective and prompt reparation, is granted to the victims and their families;
2.    Conduct an investigation for the alleged maltreatment and humiliation of workers by senior managers of Hanjin Heavy Industries Construction;
3.    Strictly observe the Presidential Decree No. 442 also known as The Labor Code of the Philippines, particularly on provisions relating to conditions of employment; health safety and social welfare; labor relations, specifically the workers’ right to trade union and the right to peaceful assembly and non-violent protest actions;
4.    Act on the side of workers on the Hanjin management’s violations of existing laws;
5.    (For the Bureau of Labor Relations of the Department of Labor and Employment)  Immediately decide on the pending application of Hanjin workers union allowing and certifying its establishment;
6.    Prohibit local authorities and the police to subscribe and intervene on behalf of Hanjin management against grieving workers;
7.    Observe and recognize the rights of workers to act freely in conformity with the Bill of Rights stated in the Philippine Constitution;
8.    Guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.

Please send your letters to:

1.His Excellency Benigno Simeon Aquino III
President, Republic of the Philippines
Malacañang Palace, JP Laurel Street , San Miguel, Manila, 1005 Philippines
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph /opnet@ops.gov.ph

2.Hon. Leila M. De Lima
Secretary, Department of Justice (DOJ)
Padre Faura Street, Ermita, Manila, 1000 Philippines
Fax: +63 2 523 9548
Tel: + 63 2 521 1908
Email: lmdelima@doj.gov.ph / doj.delima@gmail.com

3.Hon. Rosalinda D. Baldoz
Secretary, Department of Labor and Employment (DOLE)
7th Floor, DOLE Building, Intramuros, Manila, 1002 Philippines
Fax No: +63 2 527 3494
Tel: +63 2 908 2917 loc. 701, 703, 704, 706, 707
Email: secrdb@dole.gov.ph

4.Hon. Loretta Ann P. Rosales
Chairperson, Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City, 1104 Philippines
Fax: +63 2929 0102
Tel: +63 2 928 5655, +63 2 926 6188
Email: rosales.chr@gmail.com

5.Director General Raul M. Bacalzo
Chief, Philippine National Police (PNP)
Camp General Rafael Crame, Quezon City 1100 Philippines
Tel: +63 2 722 0802 / +63 2721 6620
Email: feedback@pnp.gov.ph

6.Permanent Mission of the Philippines to the United Nations in Geneva
47 Avenue Blanc, 1202 Geneva, Switzerland
Fax: +41 22 716 19 32

Documented by:

Task Force Detainees of the Philippines (TFDP)
45 St. Mary Street, Cubao, Quezon City
Philippines 1109
Tel: +63 2 437 8054 / +63 2 995 0246
Fax: +63 2 911 3643
Email: tfdp1974@yahoo.com
Website: http://www.tfdp.net

[Urgent Alert] List of mining applications. Feedback from the ground urgently needed

We urgently need feedback coming from IPs in the respective area if they oppose the application otherwise these could be approved. Please contact me immediately at the same time ask the IPs to express their opposition in writing address to NCIP.

They can send that through me too. Others from the area can also express opposition but that should be channeled to other government offices.

My cp number: 0919-885-9941 or 0916-551-9348.

Salamat. Patuloy sa pagtanggol natin ng Sierra Madre.
Fr. Pete Montallana, OFM

List of Mining Applications Region 3, 4 (Rizal & Quezon)& 5

Click link below

List of Mining Applications

[Urgent Action]( Philippines ) A tribal leader of the Agta indigenous tribe shot dead, and tribal community members continue to be harassed in Dinalungan, Aurora Province

Urgent Action: ( Philippines ) A tribal leader of the Agta indigenous tribe shot dead, and tribal community members continue to be harassed in Dinalungan, Aurora Province

Type of Violation: Extra-Judicial Killing / Harassment / Forced Eviction / Land Grabbing / Illegal Arrest and Detention
Victim(s): Armando Maximino (EJK) and Agta community members
Date of Incident: May 17, 2011 (and other dates prior and following the killing incident)
Place of Incident: Sitio Delebsong, Barangay Nipoo, Municipality of Dinalungan, Aurora Province, Philippines
Alleged Perpetrators: private security personnel of Fast Tech Security Management, Inc. with instructions from Mr. Earl Guerrero in connivance with Mayor Tito Tubigan, and the local police

Summary of Incident:
A tribal leader was shot and killed on May 17, 2011 within their ancestral land in Dinalungan, Aurora Province.

Armando Maximino, 42, Chieftain of the Agtas in Sitio Delebsong, Barangay Nipoo, was killed due to blood loss caused by gunshot wounds sustained at the back of both knees. He was allegedly shot by Richard delos Santos, Rey Amar and Alfredo Noveras who are all employed at Fast Tech Security Management, Inc.  The said security personnel were hired by Earl Guerrero and family who are also claimants of the disputed land.

Before he was shot, Armando was seen gathering dried leaves within their ancestral land around 7 meters away from the Guerrero’s supposed land when several gun shots were fired indiscriminately.  Although wounded, he managed to seek help from one of his tribe members while being continuously fired upon by the perpetrators.  Armando was immediately rushed to the Casiguran District Hospital using a motorcycle but eventually declared dead on arrival by attending medical personnel.

The remains of Armando were submitted for autopsy conducted by Dr. Danay. The result is yet to be released by concerned authorities.

On May 22, 2011, the Guerrero family and Municipal Mayor Tito Tubigan turned down the request of the Agtas to bury Armando near the grave of his parents and relatives located inside the disputed land. Eventually, the Agtas decided to bury Armando in the exact place where he was gunned down outside the supposed property of the Guerreros to avoid confrontation. But the tribe maintained that the land was awarded to them by the government as their tribal reservation and they have documents to support their claim.

In the evening of that same day, the Agtas left the grave of Armando momentarily as part of their custom. Some went elsewhere while others left to prepare and bring rice and water for the next day.

Early morning of May 23, 2011, when the Agtas returned, they were all shocked when they saw six of their houses burned down allegedly by the Guerreros. Those houses were owned by Jerry Calanget, Munar Tagyam, Jonie Tikiman, Arman Maximino (deceased), Cel Tikiman and Rakeb Maximino. Also, the Guerreros extended their barbed-wire fence covering 32 hectares of land including the ancestral domain of the Agtas.

Currently, the Agtas left the area out of fear that the perpetrators might again do harm against them since they continuously receiving death threats apparently from the Guerreros and Mayor Tubigan.

Cause of Dispute
Previously on March 18, 2011, the Guerrero family built barbed-wire fences, boundary markers and improvised warning device surrounding their supposed land.

The security personnel hired by the Guerreros started to secure the area on March 22, 2011.

On May 13, 2011, the local police, security personnel and head of the peace and order auxiliary of the barangay installed fences and borders based on instructions of Mayor Tubigan to contain the tribal community members, limit and monitor their movements. A confrontation erupted when the Agtas resisted against the putting-up of fences. The authorities arrested five tribal members namely: Conchita Discarga, Rolly Boy Discarga, Mark Basilio, Atok Mendoza, a certain Ineng and also their chieftain Armando Maximino (deceased). Eventually the Agtas were released since authorities found no grounds to file charges against them. According to the Agtas, several tribal women suffered minor injuries during the scuffle. They added that one police officer grabbed and took the video camera used by Mark Basillio during the incident. Until now the video camera has not been returned to the Agtas.

Historical Background
•    Based on records, in 1953 the Agtas applied for 49 hectares of land as their own reservation;
•    In August 1956, the survey plan was approved;
•    September 29, 1998, 1st endorsement for the application of Certificate of Ancestral Land Title (CALT) was released. (CALT refers to a title formally recognizing the ownership rights of indigenous peoples over their ancestral lands);
•    December 29, 2000, 2nd endorsement for the CALT application was released, at the same time it was posted in the barangay and municipal hall until January 13, 2001;
•    The ocular inspection report was submitted by then Region 3 Director Ulysses A. Brito of the National Commission on Indigenous Peoples (NCIP), dated June 29, 2001 which states the totality and available proofs of the Agtas ancestral land claim;
•    But in 2006, the Guerrero family was able to acquire thirteen (13) titles for the thirty-two (32) hectares of land even  if their parent Mr. Eufemio Guerrero only bought seven (7) hectares of land based on available documents;
•    A Memo Report was issued by the Provincial Environment and Natural Resources Office (PENRO) dated May 13, 2011 with recommendation that all patents issued to the Guerreros be declared null and void;

Action Requested
Please write to the authorities in the Philippines urging them to:
1.    Call upon competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Agta chieftain Armando Maximino, and the harassment of other members of the tribal community, and ensure that adequate, effective and prompt reparation, is granted to the victims and their families;
2.    Conduct an investigation for the alleged land grabbing incident perpetrated by the Guerrero Family supposedly in connivance with Dinalungan Municipal Mayor Tito Tubigan, officials of Barangay Nipoo and the local police;
3.    Strictly observe the Republic Act No. 8371 also known as the Indigenous Peoples Rights Act of 1997, which is a law to recognize, protect and promote the rights of indigenous cultural communities including their rights to ancestral domain;
4.    Prohibit local authorities to illegally and forcibly evict the Agtas from their ancestral domain;
5.    Recognize the means of indigenous community to express and act freely in conformity with the bill of rights stated in the Philippine Constitution;
6.    Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Please send your letters to:
1.    Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street , San Miguel
Manila 1005
Philippines
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph /opnet@ops.gov.ph

2.    Ms. Leila M. De Lima
Secretary, Department of Justice (DOJ)
Padre Faura Street
Ermita, Manila, 1000
Philippines
Fax: +63 2 523 9548
Tel: + 63 2 521 1908
Email: lmdelima@doj.gov.ph / doj.delima@gmail.com

3.    Ramon Jesus P. Paje
Secretary, Department of Environment and Natural Resources (DENR)
Visayas Avenue
Diliman, Quezon City, 1100
Philippines
Fax: +63 2 920 4301
Tel: +63 2 925-2329
Email: osec@denr.gov.ph

4.    Chairperson Loretta Ann P. Rosales
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
Philippines
Tel: +63 2 928 5655, +63 2 926 6188
Fax: +63 2929 0102
Email: rosales.chr@gmail.com

5.    Atty. Roque N. Agton, Jr.
Chairperson, National Commission on Indigenous Peoples (NCIP)
2nd Floor N. dela Merced Building
Cor. West and Quezon Avenues, Quezon City
Philippines
Tel: +63 2 373 9787
Fax: +63 2 373 9765
Email: resource@ncip.gov.ph

6.    Director General Raul M Bacalzo
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City 1100
Philippines
Tel: +63 2 722 0802 / +63 2721 6620
Email: feedback@pnp.gov.ph

7.    Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32,
Email: mission.philippines@ties.itu.int

Prepared by:

Task Force Detainees of the Philippines (TFDP)
45 St. Mary Street , Cubao, Quezon City 1109, Philippines
telephone: (632) 4378054 / facsimile: (632) 9113643
email: tfdp1974@yahoo.com
website: http://www.tfdp.net

[Urgent Action/Solidarity] support for 10 Vietnamese workers unjustly arrested in South Korea simply for demanding better conditions

From:  <pssp@jinbo.net>
To: jerbertph@yahoo.com
Sent: Saturday, June 4, 2011 7:58:46 PM
Subject: Requesting Solidarity for Vietnamese workers in SK unjustly arrested for work action

Greeting friends and allies,

I am writing to ask for your support for 10 Vietnamese workers unjustly arrested in South Korea simply for demanding better conditions. This is a clear case of the criminalization of documented migrant workers in South Korea and of labor repression. Background information on the case follows.

PSSP is participating in an emergency committee formed to support these workers and fight for their release. The committee includes several labor and social justice movement organizations in South Korea.

A petition to be submitted to the presiding judge in the case is attached. To show your support, please sign it and by fax or email to 82-32-576-8113 or ahihihi@hanmail.net.

We are also collecting petitions in South Korea. All petitions will be submitted to the judge together on June 8 (Korean time.)

<Background>

Recently 10 Vietnamese migrant workers working in South Korea were arrested, detained and brought to the trial.

The Prosecutor’s Office has charged them with several crimes including obstruction of business, group violence, mob assault and assault with a deadly weapon. The prosecution is claiming the Vietnamese migrant workers carried out an illegal strike. In its letter of indictment the prosecution claims that the workers who were arrested had led the strike and used threats and force to make other workers participate.

All those arrested are documented migrant workers who entered South Korea under the Employment Permit System (EPS). If they are convicted, they are highly likely to face deportation under the Immigration Control Act.

The 10 individuals had been among 200 Vietnamese workers employed to construct the substructure of a container wharf at the Incheon New Port last year.

<Working Conditions>

KRW 4,110/hour wage (minimum wage).
12-hour shifts from 7:00 to 19:00 (Lunch break: 12:00-13:00). The company almost always ran two shifts, one from 7:00 to 19:00 and one from 19:00 to 7:00.
Work on Saturday and Sunday even though the employment contract stipulated a Monday to Friday work week.
Only 1 meal a day (lunch) provided free of charge. The cost of breakfast and lunch (KRW 240,000 a month) was deducted from wages. For this reason, the major demand during the strike was the provision of three meals a day. The company offered breakfast and dinner for free from April to May, 2010. But it notified the workers it would offer only lunch for free beginning in July. Many workers who had worked since April staged a walkout and refused to work.

<1st Strike: July 22 to 25, 2010>

Beginning at 7 o’clock in the morning on the 22th of July, 2010, roughly two hundred Vietnamese workers went on a walkout. The walkout continued until 7 o’clock in the evening on the 25th of July, 2010.

The workers made the following demands:

That they be provided three meals a day, free of charge.
That the not be forced to work at night against their will.
That they be allowed to have friends visit them in company-provided living quarters.
That they be allowed to have food, drink and alcohol in their living quarters.

*The company argued that the strike caused losses worth KRW 1 billon. It said it was forced to hired local workers and had to paid extra to rent equipment for an extended period of time.

<2nd Strike: January 9 to 10, 2010>
Most of the Vietnamese workers went on a walkout against beginning on January 9,, 2011. In response, the company changed its policy. It reduced recognized work hours from 12 to 11 hours (The workers worked for 12 hours from 7:00 to 19:00pm, with a lunch break from 12:00 to 1:00pm). The company had previously recognized 12 working hours including 4 hours of overtime work.
*The company argued the second strike caused losses worth KRW 109 million.

<Arrest and Trial>

The 10 Vietnamese migrants continued to be employed and worked after the strike.

Some of those who were arrested had only begun to work in July 2010. As such, they were not in the condition to lead the first strike.

The 10 workers were arrested in March and April 2011, and were charged with interfering with the business, group violence, and mob assault with a deadly weapon.

At a hearing on May 26, the prosecution asked that the workers be given prison sentences of 3 years to 2 of the workers, 1 year and 6 months to 1 worker, 1 year to 6 workers and 1 year suspended for 2 years to 1 worker.

The next hearing in the case will be on June 9.

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