Rights groups hold nationwide candle lighting for Yolanda Victims on International Human Rights Day Call on government to prioritize the rights of victims and stop politicking
TFDP Visayas and other HRDs LightUP4 Yolanda Victims LightUP4 Rights on December 10 Human Rights Day in Cebu
In commemoration of the International Human Rights Day of 2013, human rights groups held nationwide solidarity candle lighting in several parts of the country, for victims of typhoon Yolanda and other natural disasters and victims of human rights violations.
“We devote today’s comemoration of International Human Rights Day for all those who suffered and continue to suffer the result of climate change and environmental destruction caused by greed, development aggression and government neglect,” said Emmanuel Amistad, Executive Director of the Task Force Detainees of the Philippines (TFDP).
While the group extends their heartfelt solidarity to all victims, they are also calling on government leaders to prioritize the needs of the victims and refrain from politicking.
“We Light UP for Yolanda Victims, we Light Up for Human Rights, dahil higit sa lahat ay dapat unahin ng pamahalaan ang kapakanan ng mga taong nasalanta kaysa pagpapabida. Dapat matauhan na ang mga kurap na pulitiko at tigilan na ang pamumulsa ng pondo ng bayan at ilaan sa dapat nitong puntahan. Dahil dapat Tao muna! Hindi tubo at kita, dahil dapat tao muna hindi pamumulitika at pabida,” Amistad added.
“Although our fellow Filipinos in disaster stricken areas, especially in Leyte needs all the help, relief and support we can provide, it will not be enough to solve the problems. Other future disasters will come and if the government will not be serious and sincere in performing its duty to protect its people instead of profit and corruption, all these will just be repeated,” Amistad said.
In Visayas, members of TFDP and its allies from the Philippine Movement for Climate Justice (PMCJ) held their “Light UP 4 Yolanda Victims, Light UP 4 Rights,” at the University of the Philippines Cebu. “We light candles in solidarity for all victims of climate disaster, mining and other profit driven development projects that does not benefit the people, instead harm them and lead to violations of their human rights.”
In Mindanao, human rights defenders, TFDP, PMCJ and Freedom from Debt Coalition together with other social and climate activists led the candle lighting activities in Centennial Park, San Pedro Street, Davao City. Candle lighting activities at Bukidnon, Surigao Del Sur and Iligan were also held simultaneously.
LightUP4 Yolanda, LightUP4 Rights, in Davao. Photo by TFDP Mindanao
According to the group they are also dedicating the solidarity candle lighting for victims of Zamboanga siege, Bohol and Cebu Earthquake, and other natural and manmade disasters that devastated our peoples and communities. Saying, “We hope we can help inspire them to stand up and we are with them in struggling to regain what has been damaged and lost from them.”
Youth and students in several universities also gave their solidarity LightUP activity. Students from De La Salle College of Saint Benilde participated in the Quezon City Memorial Circle LightUP activity. Members of Youth for Rights (Y4R) and Teatro Kahimanawari of Marikina Polytechnic University held their candle lighting in front of Marikina City Hall Freedom Park. Others participated in the online solidarity in the social networking site Facebook.
In Quezon City, more than 300 members of the Philipppine Alliance of Human Rights Advocates (PAHRA), Philippine Movement for Climate Justice (PMCJ), Task Force Detainees of the Philippines (TFDP), Amnesty International – Philippines and Alyansa Tigil Mina (ATM), held the LightUP for Yolanda Victims, LightUP4 Rights activity at the fountain area in Quezon City Memorial Circle.
The group lamented that “Sa kulang-kulang na pamamahala, Tao ang kawawa.” The group also reminded PNoy of his obligation to issue a National Human Rights Action Plan (NHRAP) in compliance with the recommendation of the Universal Periodic Review of the United Nations Human Rights Council. ###
For more details pls contact:
Egay Cabalitan
TFDP Advocacy Staff
Mobile: 09288443717; Office: 9950246
Email: egay.advocacytfdp@gmail.com
PRESS RELEASE
December 10, 2013
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8 October 2013 —————————————————— PHILIPPINES: Another activist faces threats in Davao del Sur ISSUES: Threats and intimidation; human rights defenders
——————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that an activist in Davao del Sur is facing threats. Military elements and the village council want to control and limit the activities of the victim’s organization. The victim and his family have had to leave their home due to fear of the soldiers.
CASE DETAILS: [Based on the documentation by Citizens Alliance Unified for Sectoral Empowerment – Davao del Sur (CAUSE)]
On 1 September 2013, at 5pm, Rodel Bonghanoy, a volunteer of the United Farmers of Davao del Sur (Nagkahiusang Mag-uuma sa Davao del Sur ) was in his residence when two armed men arrived and introduced themselves as soldiers. The two men were in civilian clothes, riding a XRM-Honda, red motorcycle with no plate number. Rodel noticed that the driver appeared to be inebriated. The two men were later identified as Cpl. Najar and Cpl. Saggaan, elements of the 39th Infantry Battalion, Philippine Army.
The soldier saw a motorcycle in front of Rodel’s residence and asked for the identity of its owner and driver. Rodel replied that the motorcycle was owned by the United Sugarcane Planters of Davao Cooperative (USPD) and that he was the driver. The soldier then told Rodel to log in his name at the village hall as he was visiting. He was accompanied by the soldier to the house of the village chief where he was told that they should coordinate their activities.
The soldier continued asking Rodel about his organization, members and even his personal information, all of which Rodel provided. However, the soldier became angry because he believed that Rodel was being arrogant.
Village chief Rodeto P. Muda asked Rodel why his group entered the village without his permission to organize. Rodel explained that one of their members is a barangay militia so it is not possible that their presence in the village is not coordinated. He also said that organizing is their right according to the Constitution so they don’t have to seek anyone’s permission.
According to Rodel the soldier became even angrier because he asked them to confirm that if the village chief refused to allow them permission, they would not be allowed to work. The soldiers told him that they would take him to his house in a patrol car. At that time Rodel’s wife arrived and she begged and pleaded with the soldier not to take her husband. The soldier told her that Rodel had been arrogant in answering their questions.
To this, Rodel answered: “I am not arrogant. I answer what is being asked, the village chief does not like our organization”. Gurabel, a village militia who was there, asked Rodel “why you did not ask permission while I was in the house during your meeting? I know Unified farmers and it is not good.”
Another soldier placed his hand on Rodel’s left shoulder and said: “From now on you should be cautious, God will be watchful”. Rodel was afraid because it sounded like a blatant threat. Agents of Civilian Volunteer Organization (CVO) and Civilian Security Unit (CSU) accompanied them going home. Rodel’s wife was suspicious that her husband would not be brought to his house.
Rodel was interrogated for almost three hours. At 9 pm another group of soldiers from the 39th Infantry Battalion arrived in an army truck nearby and asked their neighbor for their house. Rodel Bonghanoy and his family were forced to leave the house due to fear of the soldiers.
According to some witness an unknown person took pictures of the Bonghanoy’s house.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below expressing your concern about this case.
PHILIPPINES: Another activist faces threats in Davao del Sur
Name of the victim threatened: Rodel Bonghanoy, 34 years old. He is a volunteer of United Farmers of Davao del Sur (Nagkahiusang Mag-uuma sa Davao del Sur ). Name of Alleged Perpetrators: 7 unknown elements of 39th Infantry Battalion, Philippine Army led by Cpl. Najar, Cpl. Saggaan and Pfc. Allan Mondejar. Name of village officials involved: Village chief Rodeto P. Muda and a certain Gurabel Date of incident: 1 September, 2013 at 5pm Place of incident:Kiblawan, Davao del Sur
I am writing to raise my grave concern about the case of Rodel Bonghanoy, a volunteer of United Farmers of Davao del Sur (Nagkahiusang Mag-uuma sa Davao del Sur (NAMADDS)). On 1st September 2013, at 5pm, he was in his residence when two armed men arrived and introduced themselves as soldiers. The two men were in civilian clothes, riding a XRM-Honda, red motorcycle with no plate number. Rodel noticed that the driver appeared to be drunk. The two men were later identified as Cpl. Najar and Cpl. Saggaan, elements of the 39th Infantry Battalion, Philippine Army.
The soldier saw a motorcycle in front of Rodel’ s residence and asked for the identity of its owner and driver. Rodel replied that the motorcycle was owned by the United Sugarcane Planters of Davao Cooperative (USPD) and that he was the driver. The soldier then told Rodel to log in his name at the village hall as he was visiting. He was accompanied by the soldier to the house of the village chief where he was told that they should coordinate their activities.
The soldier continued asking Rodel about his organization, members and even his personal information, all of which Rodel provided. However, the soldier became angry because he believed that Rodel was being arrogant.
Village chief Rodeto P. Muda asked Rodel why his group entered the village without his permission to organize. Rodel explained that one of their members is a barangay militia so it is not possible that their presence in the village is not coordinated. He also said that organizing is their right according to the Constitution so they don’t have to seek anyone’s permission.
I have learned that according to Rodel, the soldier became even angrier because he asked them to confirm that if the village chief refused to allow them permission, they would not be allowed to work. The soldiers told him that they would take him to his house in a patrol car. At that time Rodel’s wife arrived and she begged and pleaded with the soldier not to take her husband. The soldier told her that Rodel had been arrogant in answering their questions.
To this, Rodel answered: “I am not arrogant. I answer what are being asked, the village chief does not like our organization”. Gurabel, a village militia who was there: asked Rodel “why you did not ask permission while I was in the house during your meeting? I know Unified farmers and it is not good.”
Another soldier placed his hand on Rodel’s left shoulder and said: “From now on you should be cautious, God will be watchful”. Rodel was afraid because it sounded like a blatant threat. Agents of Civilian Volunteer Organization (CVO) and Civilian Security Unit (CSU) accompanied them going home. Rodel’s wife was suspicious that her husband would not be brought to his house but instead might be killed by the soldiers.
Rodel was interrogated for almost three hours. At 9 pm another group of soldiers from the 39th Infantry Battalion arrived in an army truck nearby and asked their neighbor for their house. Rodel Bonghanoy and his family were forced to leave the house due to fear of the soldiers.
According to some witness an unknown person took pictures of the Bonghanoy’s house.
I urge you to ensure the safety of the victim and his family; they must be afforded with adequate security and protection promptly.
I trust that you will take appropriate action in this matter.
Yours 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. Ret. Lt. Gen. Voltaire T. Gazmin
Secretary
Department of National Defense
DND Bldg, Camp Emilio Aguinaldo,
Quezon City
Fax:+63(2) 982-5600
Email: osnd@philonline.com, dnd.opla@gmail.com
Thank you. Urgent Appeals Desk Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
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Task Force Detainees of the Philippines (TFDP) writes to inform you about the killing of a human rights defender, Antonio “Dodong” Petalcorin, Sr. on July 2, 2013 at his home in Maharlika Village, Matina Aplaya, Davao City, Philippines by an unknown person. Petalcorin was the president of the Davao City based group, Network of Transport Organizations (NETO), a member of the Alliance of Progressive Labor and Akbayan in Davao.
In the morning of July 2, 2013, at around 8:15 AM, Antonio “Dodong” Petalcorin, Sr. was shot three times by an unknown gunman at his home garage in Maharlika Village, Davao City.
According to Petalcorin’s wife, she heard a gun shot then heard Petalcorin shout. Alarmed, she hurriedly went to the garage and found her husband’s body in blood on the ground.
Thinking that Petalcorin was still alive, his wife went inside the house and called the emergency hotline. The emergency team along with the Police came after about 15 minutes, but Petalcorin was dead.
The assassin was allegedly caught on a CCTV camera as he walked away from the scene and rode a motorcycle. A sketch of the suspect is currently in the hands of the police.
According to Petalcorin’s wife, her husband has not received any death threats. However, prior to Petalcorin’s death, another leader of a transport group, Emilio Rivera, former chair of Matina Aplaya Transport Cooperative was killed on January 25, 2013. Petalcorin and Rivera both took part in a campaign to expose the corruption in the Land Transportation Franchising Regulatory Board (LTFRB) and to oust its director, Benjamin Go.
Petalcorin’s name had previously appeared on the alleged order of battle that was leaked in 2008.
PLEASE SEND LETTERS TO THE CONCERNED GOVERNMENT AGENCIES TO
Investigate and prosecute not only the actual perpetrator but including and especially the mastermind of this heinous crime will be brought to justice.
Exert special efforts in protection of human rights defenders and observe their rights in accordance with human rights standards.
Address the issues brought forward by the victims, Antonio Petalcorin and Emilio Rivera in Davao: the alleged corruption at the LTFRB office in Davao City.
RE: Extrajudicial Killing of Human Rights Defender Antonio “Dodong” Petalcorin
I write to urgently seek your action regarding the killing of a Human Rights Defender, Antonio “Dodong” Petalcorin, the President of a transport group in Davao, Network of Transport Organizations (NETO), member of the Alliance of Progressive Labor (APL) and Akbayan.
I have learned that Mr. Petalcorin was killed in his home, in Maharlika Village, Matina Aplaya, Davao City on July 2, 2013 by an unknown gunman, who was later seen on a CCTV as he left the scene of the crime.
I have also learned that prior to the killing of Mr. Petalcorin, another transport leader, Emilio Rivera of the Matina Aplaya Transport Cooperative (MATRANSCO) has been killed in January 25, 2013.
It was brought to my attention that before their death, both men actively campaigned against an alleged corruption at the Land Transport Franchising Regulatory Board (LTFRB) and against its director, Mr Benjamin Go.
There was also information that the name of Mr. Petalcorin has been included in the alleged order of battle leaked in 2008 and that this alleged list included names of many human rights defenders.
I am asking the concerned government agencies to exert special efforts in ensuring the safety and well being of human rights defenders based on the standards set by the United Nations Declaration on Human Rights Defenders, rights and protections accorded to them.
I am also asking that they investigate and prosecute not only the actual perpetrator but including and especially the mastermind of the killing of Mr. Petalcorin and to bring justice to his death.
Lastly, in pursuit of the cause of Mr. Petalcorin and Mr. Rivera, we ask for the decisive resolution on the issue of alleged corruption at the LTFRB office in Davao City. This will ensure that the victims did not die in vain.
PLEASE SEND TO
Mr. Benigno S. Aquino III
President Republic of the Philippines
Malacañang Palace, JP Laurel St. San Miguel, Manila, Philippines
Fax +632 7421641/9293968
Email: corres@op.gov.ph/opnet@ops.gov.ph
Police Director Alan LM Purisima
Chief
Philippine National Police
Camp General Rafael Crame Quezon City, Philippines
Fax +632 7248763
Email: feedback@pnp.gov.ph
Atty. Leila M. De Lima
Secretary
Department of Justice
Padre Faura St. Manila
Philippines
Fax: +632 5211614
Email : doj.delima@gmail.com
Mr. Joseph Emilio Aguinaldo Abaya
Secretary
Department of Transportation and Communication
The Columbia Tower
Ortigas Avenue, Barangay Wack-wack
Mandaluyong City
Philippines
Fax + 632 7234925
Email: webmaster@dotc.gov.ph
Ms. Loretta Ann P. Rosales
Chairperson
Commission on Human Rights
SAAC Building, UP Complex
Commonwealth Avenue, Diliman
Quezon City, Philippines
Fax +632 9290102
Email: chair.rosales.chr@gmail.com
Note: Kindly inform or copy-furnish tfdp.urgentappeals@gmail.com of urgent appeals sent to above government officials for monitoring purpose. Thanking you in advance for your time on this important and urgent matter.
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A call to human rights defenders: conduct creative & courageous actions on four (4) fronts to end impunity!
July 22, 2013
“Ang mali – gaano katagal man ito nanatili – ay mali pa rin. Hindi puwedeng “Oks lang, wala lang iyan.” Kapag kinalimutan natin ang mga ito,mangyayari lang ulit ang mga kamalian ng nakaraan.Kung hindi magbabayad ang mga nagkasala,parang tayo na rin mismo ang nag-imbita sa mga nagbabalak gumawa ng masama na umulit muli.” President Benigno Aquino III. SONA July 2011
The Philippine Alliance of Human Rights Advocates (PAHRA) recalls that:President Benigno Aquino III, in his 2011 State of the Nation Address (SONA) popularly well defined impunity: That which is wrong, no matter how long it takes, is still wrong. No way can anyone say after sometime that:
“It already is OK. Let bygone’s be bygone’s.” Otherwise, the same wrongs will recur. If no one pays for what has been done, it would be like we ourselves have encouraged the wrong doer to do it all over again.
Impunity is a deadly social virus of such strain that addressing it with half-measures and / or insufficient dosages of actions only emboldens its bearers more while it instills more widely within Philippine society the climate of fear and of helplessness against impunity’s next choice as its victim. The danger is increased when those infected belong to the high echelons of government, the security sector and the business sector – as shown in the unwillingness of PLDT to comply with the final decision of the Supreme Court in favor of the Digitel Employees Union as well as in the still un-captured ex-Maj.Gen. Jovito Palparan, Jr. and the highly possible involvement of military and police officers in rub-outs.
Yes, the reported number of extrajudicial killings, enforced disappearances and torture are down. But very few have been made to pay for what they have wrongly done. Government and the security sector has miserably failed to diligently investigate and appropriately prosecute the past and present violations. The culture of impunity persist. And the private sector, in varying degrees, is being infected with it. The President’s past SONA words are a warning unto itself: Kung hindi magbabayad ang mga nagkasala, parang tayo na rin mismo ang nag-imbita sa mga nagbabalak gumawa ng masama na umulit muli.
An outbreak of impunity can again occur anytime.
Extrajudicial killings, for one, by death squads are no longer confined in Davao City. Similar incidents, according to Human Rights Watch, are being reported in the cities of Zamboanga, General Santos, Cagayan de Oro and Cebu.
To prevent this backlash, we call on all human rights defenders to conduct creative and courageous actions to:
1. Assert the right to truth.
2. Pursue the right to justice.
3. Organize to obtain the right for an effective remedy and to received reparations.
4. Work for structural and institutional reforms to prevent recurrence of systemic abuses.
Determinedly work for the passage of the Freedom of Information Bill. Now we need to push for the success of the People’s Indirect Initiative as it has been freed from the clutches of political unwillingness.
Barriers to obtain the truth about graft and corruption as well as criminal activity and/or human rights violations must be demolished to deliver justice to victims and their families and to the Filipino people as a whole.
The intransigence of both the AFP and the PNP, as pointed out by the Court of Appeals, in cooperating with the CHR to obtain information relevant to the resolution of Jonas Burgos case must be decisively dealt with.
If wrongly permitted to take this course, Jonas Burgos and his family would be, despite being a high profile case, added victims of impunity, piled on cases like that of the enforced disappearances of six young casual workers from Surigao known as the PICOP 6. If there is no full consideration, as another example, of the truth about the massacre of the Capion family in Davao del Sur, proper redress and compensation along with justice will be not achieved.
Truth should not only be obtained in the realm of civil and political rights, but also in economic, social and cultural rights. The right to information is not only on the accessibility of police blotters, military camp records but also of transparency of business plans and records containing also financial reports affecting people, their sources of subsistence and the environment particularly in areas of extractive industries.
Till now there is no official National Human Rights Action Plan (NHRAP) that would guide this administration’s compliance of its human rights obligations. It must be remembered that most of the time, impunity in the realm of civil and political rights is rooted in the impunity of economic, social and cultural rights. The completion of CARPER and the people’s control, not foreigners, over sources of subsistence should be ensured to progressively root out the causes of the armed conflict and concomitant abuses.
The touch-and-go or piece-meal style in human rights will not weaken, much less stop, impunity but rather strengthen impunity by using new learned technicalities to subvert actions that respect, protect and fulfil human rights, such as blind-folding a person to escape identification in a torture case.
Passage of some legislation related to human rights, such as the laws on reproductive health, enforced disappearances, compensation for human rights victims during Martial Law and on domestic workers, are noted and commended.
While awaiting the said laws’ full implementation, there are others which should be soonest addressed by the Chief Executive who is also the Commander-in-Chief of the Armed Forces of the Philippines (AFP).
The President should order, not merely endorse, that transparency and accountability be diligently done in dealing with serious accusations of criminal and/or human rights violations implicating both rank-and-file personnel and officers. The President should review and / or rescind executive actions which give rise to human rights violations, like the Executive Order 546 which allows the arming of militias by local officials.
Alongside the ban, he should issue an Executive Order which bans all para-military formations and to dis-arm immediately all the said groups. There is urgency as well to check that Command Responsibility does not deteriorate into a ‘command conspiracy’ between officials both in the civilian bureaucracy and the security sector and their corresponding rank-and-file personnel.
Finally, to ensure that systemic abuses do not recur, structural and institutional changes should take into serious consideration without discrimination the promotion and protection of human rights of all, especially, the indigenous peoples, the peasants, the workers, women, children, the LGBTs, the elderly and persons with disabilities. Human Rights Defenders should monitor government compliance.
No trade-off’s to end impunity.
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The Center for Trade Union and Human Rights strongly condemns the killing of Davao City transport leader Antonio Petalcorin, President of Network of Transport Organization-Davao (NETO-NCTU-APL). This is another blow to the working sector and a clear indication that human rights situation in the country has not improved.
According to reports, Antonio Petalcorin, was shot in the morning of July 2 by an unidentified man. Petalcorin was dead on the spot sustaining four gunshot wounds from a .45 caliber pistol. The killing happened amidst a strong campaign of Petalcorin’s group to oust the leadership of LTFRB (Land Transportation, Franchising and Regulatory Board) in Davao City because of alleged corruption.
As we mourn with Petalcorin’s family, friends and colleagues, we are also one with them on the calls for justice. We demand an immediate and thorough investigation of the case so that perpetrators may be held accountable to the law.
Moreover, we denounce Petalcorin’s killing for it is an outright attack on our collective rights and freedoms. Needless to say, extrajudicial killings hamper the workers’ and the people’s right and freedom to organize. Brazen violence has a chilling effect among the people and the community which has been used time and again by state agents to quell dissent and suppress legitimate and just demands of the people.
Petalcorin’s death highlights the persisting impunity which the Aquino administration failed to correct. In fact, human rights and labor rights situation has not changed, rather aggravated, within the first half of Aquino’s presidency. Petalcorin is the 5th transport leader killed in the first three years of the current administration. And to this day, Ernest Gulfo, Felix Cultura, Feliciano Infante and Emilio Rivera, just like hundreds of other victims of human rights killings, are still seeking justice.
As Pres. Aquino is about to deliver his State of the Nation Address in a few weeks, news on the widening gap between the poor and the rich underlines how his administration has abandoned the welfare and interests of the working class and marginalized groups. Amid this worsening economic condition for the majority, human rights killings and violations committed against workers and the toiling classes only paints a more grotesque picture of our current society.
We thus reiterate our challenge to Pres. Aquino to fulfill his promise that he shall put an end to all human rights killings. Until and unless these killings and other human rights violations are stopped and perpetrators are brought to justice can the Aquino administration actually brag of leading a straight path.
STATEMENT
11 July 2013
for Reference: Daisy Arago, Executive Director, Center for Trade Union and Human Rights, 411.0256.
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Groups condemn ambush of B’laan leader and member in minerals-rich Davao del Sur
Demand immediate investigation, pullout of paramilitary groups
Groups, supporting the opposition of indigenous peoples and faith-based organizations to the Tampakan Copper Gold Mining project, condemn the recent report of ambush of B’laans Eking Freay and his brother-in-law Sonnny Boy Planda on June 28.
It was between 8:00 to 9:00 in the morning when the two were on their way home after selling their crops in Brgy. Kimlawis when they were fired at by alleged members of Citizen Armed Force Geographical Unit (CAFGU) under Task Force KITACO (Kiblawan, Tampakan, Columbio). Planda was fatally wounded and later died while on his way to Davao City for medical treatment, a report said.
Freay, community leader of T’bol of the Bong Mal B’laan Territory, was hit in the right thigh and the back but was able to flee toward Bong Mal.
“We condemn the killings and the attack to indigenous communities who have opposed mining in there area. There is more than enough evidence to show that the presence of paramilitary groups there is detrimental to the communities, especially when we know that Task Force KITACO is paid for by the mining company opposed by the people,” said Jaybee Garganera, national coordinator of Alyansa Tigil Mina.
Freay is one of the sons of Bong Fulong Anting Freay of the Freay-Capion Clan, and publicly expresses his strong opposition on the presence of SMI/Xstrata and of military detachments in Bong Mal.
“The recent attempted murder of Eking Freay and Sonny Boy Planda adds to the series of unsolved killings victimizing the B’laan community opposing the Tampakan Copper Gold Mining project. The incident clearly illustrates that communities affected by large-scale and destructive mining operations consistently serve as magnets of violence, deception and other forms of human rights violations,” said Dr. Nymia Pimentel Simbulan, executive director of the Philippine Human Rights Information Center.
Simbulan also called on the different government agencies to immediately take action.
“We call upon concerned agencies of the Aquino government specifically the Department of Interior and Local Government and the Justice Department to immediately take action so that justice may be served to victims of the crime. We likewise, urge the Commission on Human Rights to implement measures that will protect the indigenous peoples’ right to life and security.”
Fr. Edu Gariguez, executive secretary of the National Secretariat for Social Action—Justice and Peace of the Catholic Bishops Conference of the Philippines (CBCP-NASSA) added: “This kind of incident demands immediate action from the State that should protect and uphold the rights of Filipino peoples. Such impunity done towards our indigenous brothers and sisters in Tampakan is unacceptable. Gathering that this is mining-related, if not solely due to mining investments, then the more that mining should not be allowed in the area.”
During a Congressional Hearing of the National Cultural Communities chaired by Rep. Teddy Brawner-Baguilat in February 2013, then Kiblawan Mayor Marivic Diamante confirmed that Sagittarius Mines Inc (SMI) is providing funds for the CAFGU and military operations in the KITACO area.
“We demand an immediate investigation of government offices concerning this. This is not a random event and most importantly, this is not the first time that anti-mining indigenous peoples are killed in Bong Mal, where there is strong opposition to the Tampakan mining project,” Garganera concluded.
The groups maintained that opposition to mining operations in the country are nearing tense levels, as violence and human rights abuses against anti-mining communities also escalate. The same environmental and human rights groups urge Congress to pass a new mining law to address these conflicts.
ATM is part of the Tampakan Forum, a coalition of international and local organizations that serves as technical working group on the Tampakan mining issue.
Alyansa Tigil Mina is an alliance of mining-affected communities and their support groups of NGOs/POs and other civil society organizations who oppose the aggressive promotion of large-scale mining in the Philippines. The alliance is currently pushing for a moratorium on mining, revocation of EO 270-A, repeal of the Mining Act of 1995, and passage of the AMMB. (30)
Press Release
July 5, 2013
For more information:
Jaybee Garganera, ATM National Coordinator (0927) 761.76.02 nc@alyansatigilmina.net
Dr. Nymia Pimentel Simbulan, PhilRights Executive Director nymia.pimentel@gmail.com
Fr. Edu Gariguez, CBCP-NASSA Executive Secretary edugariguez@gmail.com
Farah Sevilla, ATM Policy Advocacy Officer (0915) 331.33.61 policy@alyansatigilmina.net
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Even former North Cotabato governor Emmanuel Piñol corroborated the NBI lawyer’s statement, but he stressed that the purpose of the bagani is to defend the territories of the indigenous people.
He admitted that the baganis were trained during his term as governor, from 1998 to 2007.
Wenceslao Galendez, agent of the NBI’s North Eastern Mindanao Office based in Cagayan de Oro City, told the CHR panel that the bagani was led by Roelito Ayupat Gawilan, who is the barangay captain of Barangay Sinoda in Kitaotao, Bukidnon.
The CHR, led by chair Loretta Rosales, was in the city on May 22 to 24 for a three-day inquiry on the killing of Italian missionary Fausto Tentorio in Arakan, North Cotabato in October 2011.
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Political Prisoner Longs for Freedom, The Story of Juanito Itaas (Part 1)
by Task Force Detainees of the Philippines
HRonlinePH.com published this article by TFDP in July 2011. We decided to reshare this article one more time in support of TFDP’s #FREEourDEFENDERS Campaign.
Juanito Itaas source: jezzdave.wordpress.com
Amidst the sound of merrymaking, Juanito Itaas addressed the visitors and his fellow inmates during the Paskuhan sa Kampo at the New Bilibid Prison (NBP) last year. He called on President Benigno Simeon Aquino III to pay attention to the plight of all political prisoners and detainees and act for their immediate release.
After his speech, a calmer Juanito, more fondly known as Nitoy, approached some of the staff of Task Force Detainees of the Philippines (TFDP) to chat. His zeal was still very evident, but there seemed to be a tinge of sadness in his eyes, which became more evident when he started to speak. Christmas, after all, is just around the corner, and despite the joy brought about by the visit of relatives and friends during the Paskuhan sa Kampo, the fact remains that for more than two decades already, Nitoy has spent Christmas locked behind the cold bars of his prison cell.
He has been previously recommended for release. But the wheels of fate did not turn in his favor.
Background
Nitoy is one of the ten children of Mamerto and Fausta Itaas of Barangay Sinuron, Sta. Cruz, Davao del Sur. Nitoy’s family tended root crops, corn and coconut as their primary source of income. Aside from farming, Nitoy’s father was a part-time pastor of the United Church of Christ in the Philippines (UCCP).
Those who knew Nitoy said that he has a big heart – helping those in need and standing up for the weak. He also joined mass mobilizations and demanded land for the tillers. When Nitoy was 15 years old, he worked in a shoe factory where he stayed for two years. After which, he sold tapes, radios and textiles in a mining site in Davao del Sur. The idea of social justice was not lost in him as he witnessed the injustices experienced by the miners. For every ten sacks of ore dug by the miners, only three remain with them. Six went to the owner of the tunnel and one to the military positioned at the entrance.
In 1981, Nitoy became a full time organizer. The death of his brother, a guerilla fighter, in 1982 all the more pushed him to continue with his involvement.
In 1984, Nitoy met Glenda, who later became his wife, in Tagum, Davao. In 1986, they got married. They continued to live in Tagum until one fateful day in 1989.
In the evening of August 27, 1989, Nitoy was with a companion and onboard a jeepney along Lizada Street corner Quezon Boulevard in Davao City, when a vehicle cut across their path. Several men alighted from the vehicle and declared a hold up. Nitoy’s companion, later identified in the newspapers as Constabulary 2nd Class Camilo Maglente, suddenly held his arms tight. Nitoy resisted but there was another vehicle whose passengers pointed their guns at him. His legs and arms were bound. He was blindfolded and in a matter of seconds, he was thrown into the back of the van. He was brought to an unidentified military barracks where he was held for questioning. The many different questions thrown at him confused Nitoy.
Based on TFDP documents, Nitoy’s military captors under the Philippine Constabulary – Criminal Investigation Service (PC-CIS) and Regional Security Unit (RSU) headed by then Lt. Cesar Mancao were the ones who tortured him.
The next morning, the interrogation continued, but Nitoy did not provide any information. The interrogators were not able to get any information from Nitoy. Hence, when his arresting officers, Lt. Mancao and a certain Boy Erno of the RSU failed to get anything from him, he was turned over to two unidentified military men where his agonizing experience began.
Immediately after he was blindfolded, handcuffed at the back, and covered at the mouth with a masking tape, the men dragged him into a vehicle. Inside, heavy blows reduced Nitoy into a shapeless heap. His captors also used the “dry submarine” on Nitoy. He eventually blacked out. After he regained consciousness and another round of punches, he admitted everything that was accused of him. The men stopped hurting him.
Nitoy further related that he lost track of the time. He was taken to several places and subjected to intense interrogation. He then remembered that when his blindfold was removed, flash bulbs blinded his strained eyes. He was presented to the media as the government’s prized catch.
A few minutes later, they went to a local airport and took a Manila-bound flight where he was accompanied by Gen. Ramon Montano, military escorts and a number of media. That was Nitoy’s first time to go to Manila. He was then committed at the Camp Crame in Quezon City where he was kept in solitary confinement for one week.
On September 1, 1989, charges of murder and frustrated murder docketed as Criminal Case Numbers Q-89-4843 and Q-89-4844 were filed before the Regional Trial Court (RTC) of Quezon City, Branch 88, for the killing of Col. James Rowe and the serious wounding of his driver, Joaquin Vinuya. The two cases were filed without preliminary investigation.
On September 8, 1989, Gen. Montano talked to him about his alleged involvement in the Rowe killing. Nitoy retracted the statements he made in Davao. He said he was only forced to admit the accusations against him because of the severe pain that was inflicted on him. Donato Continente, the other suspect in the Rowe killing, failed to identify Nitoy during a brief confrontation.
During the trial, nine witnesses were presented by the prosecution. But only one, a certain Meriam Zulueta identified Nitoy as the gunman. On cross-examination however, Zulueta admitted that her eyewitness identification was based on a single fleeting glimpse of a stranger during a startling occurrence; and that she did not have an adequate opportunity to observe the gunman’s physical feature since he was in motion when she saw him, and was holding and firing a long firearm, thus preventing her from getting a good look at him.
Aside from the testimony of Zulueta, the only evidence presented against Nitoy was his alleged extra-judicial confession, in which he purportedly admitted that he was part of a New People’s Army (NPA) assassination team responsible for the Rowe killing. The confession was signed in the presence of a lawyer, a certain Atty. Felimon Corpuz, who later admitted when he testified in court that he was a retired military lawyer and said he was summoned not by Nitoy but by the CIS to “represent” Nitoy.
Atty. Corpuz also revealed that he was not familiar with the rights of the accused when he was unable to enumerate such rights during cross-examination.
Despite the tenuous and unreliable testimony of Zulueta, the absence of a competent and independent counsel when Nitoy allegedly confessed, and Nitoy’s confession which was made under duress, the trial court rendered an unfavorable decision.
On February 27, 1991, Nitoy and his co-accused, Continente, were found guilty by Judge Tirso D. C. Velasco of RTC-Quezon City Branch 88. They were sentenced to life imprisonment (reclusion perpetua) plus a minimum of ten (10) years and a maximum of 17 years, four months and one day for the frustrated murder. Both appealed the RTC decision in 1993.
On August 25, 2000, the Supreme Court (G.R. Numbers 100801-02) affirmed the conviction of Nitoy and ruled that he was the lone principal in the killing of Rowe. Continente’s case was modified to that of an accomplice. His jail sentence was reduced to a minimum of 12 years to a maximum of 14 years and eight months for the Rowe killing and a minimum of six months and a maximum of two years and four months for the wounding of Vinuya. Continente therefore had an aggregate sentence of 12 years and six months as minimum and a maximum of 16 years. After serving his sentence, he was released on June 28, 2005.
On the other hand, the life sentence of Nitoy was retained for the Rowe killing plus another six years as minimum to nine years and six months as maximum for the Vinuya wounding.
U.S. Army Colonel James Rowe
The United States government took a great interest in the case of Nitoy. They kept a watchful eye from the time he was arrested to his incarceration and conviction. And it was not difficult to figure out why. Nitoy, after all, was accused, and later convicted for the murder of Rowe, considered to be an American hero.
James Nicholas “Nick” Rowe was a graduate of the West Point Military Academy. He later became a decorated war veteran. He joined the United States Army’s elite Green Beret Special Force and went to Vietnam in the early 1960s. He was one of only 34 American Prisoners of War (POWs) to escape captivity during the Vietnam War. Rowe was assigned as Executive Officer of Detachment A-23, 5th Special Forces Group, a 12-man “A-Team” in Vietnam in 1963. On October 29, 1963, after only three short months in Vietnam, then Lieutenant Rowe was captured by Viet Cong guerillas, along with Capt. Humberto R. Versace and Sgt. Daniel L. Pitzer. Separated from his comrades, Lt. Rowe spent 62 months in captivity with only brief encounters with fellow American POWs. He escaped from his Vietnamese captors on December 31, 1968. He authored the book, “Five Years to Freedom,” an account of his years as a prisoner of war.
Rowe retired from the United States Army in 1974. In 1981, he was recalled to active duty to design and build a course based upon his experience as a POW.
“Survival, Evasion, Resistance, and Escape” (SERE) is now a requirement for graduation from the U.S. Army Special Forces Qualification Course. SERE is taught at the Colonel James “Nick” Rowe Training Compound at Camp Mackall, North Carolina.
He was placed in command of the First Special Warfare Battalion at Fort Bragg in 1985. In 1987, he was sent to the Philippines. Rowe was assigned as Chief of the Army Division of the Joint RP – U.S. Military Advisory Group (JUSMAG). He led a group who trained the Armed Forces of the Philippines (AFP) officers on counter insurgency. He worked closely with the Central Intelligence Agency (CIA) on a strategy to infiltrate the ranks of the Communist Party of the Philippines (CPP) and the NPA.
By February 1989, Rowe acquired intelligence information that the communists were planning a major terrorist act. He warned Washington that a high-profile figure was about to be assassinated and that he himself was second or third on the assassination list.
On April 21, 1989, while Rowe was on his way to the JUSMAG Compound, his car was ambushed at the corner of Tomas Morato Street and Timog Avenue in Quezon City. Gunmen who were on board an old model Toyota Corolla car suddenly fired at his car. Rowe was instantly killed while Vinuya, his driver, was seriously wounded. The two were initially brought to the V. Luna Hospital in Quezon City. They were later transferred to the Clark Air Base Hospital in Pampanga where Vinuya was confined for four days. He sustained injuries in the head, shoulder and back portion of his left hand.
Rowe was buried on May 2, 1989 in Section 48 of the Arlington National Cemetery. Reports said that he was the highest U.S. military officer killed in the Philippines, a feat “that the United States government can hardly stomach.”
Even though the NPA owned up to the assassination, Nitoy and Continente were still arrested.
[to be continued]
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February 4: Hearing on Continuance of Detention of Mr. Tulawie in Davao
Human rights group (Philippine Alliance of Human Rights, Task Force Detainees of the Philippines, Alliance of Progressive Labor, Kilusan para sa Pambansang Demokrasya, and Balay Rehabilitation Center) assembled outside the City Hall of Manila where the Regional Trial Court is housed to express support to Human Rights Defender Cocoy Tulawie for his petition for bail and motion to allow continuance of his detention in Davao City Jail.
Due to information regarding the threats against the security and life of the Mr. Tulawie, the Bureau of Jail Management and Penology (BJMP) guarded the City Hall building, placing its personnel at every floor. Mr. Tulawie arrived in a BJMP vehicle, with security escorts and safety gears of bullet proof vest and helmet. Mr. Juhan Alihudin who is detained in Manila City Jail and Mr. Abner Salahi Tahil detained Special Intensive Custodial Area (SICA) in Camp Bagong Diwa, both co-accuses were also in attendance.
Judge Marlo Magdoza-Malagar first discussed the Urgent Motion to Allow Continuance of Accused’s Detention at the Davao City Jail. She raised two salient concerns regarding the urgent motion: First, if Mr. Tulawie is waiving his rights to be present during court hearing if the ruling will favour his continuous detention in Davao City and second, will there be an alternative detention facility other than SICA in case the motion will be denied?
Prosecutor’s private counsel Atty. Wendell Sotto argued that there are no more security risks on Mr. Tulawie considering that the Court of Appeals already issued a Writ of Amparo and the Commission on Human Rights (CHR) is assuring Mr. Tulawie’s safety. These arguments were also stated in the Opposition that the party of Governor Tan filed against the Urgent Motion.
With regards to the alternative detention facility, Atty. Marlon Manuel informed the Court that the CHR will call an Inter-Agency Meeting with PNP, BJMP, AFP and DND to discuss the concern.
In answer, Judge Marlo Magdoza-Malagar ruled that the parties shall put their arguments and defenses in writing and submit them to court. The Defense is given 15 days from February 4, 2013 to answer the Opposition filed by the Prosecution. On the other hand, the Prosecution was given 15 days from receipt of the answer to file its reply. Then, the motion will be submitted for resolution.
On Bail petition, the defense manifested that they have not received Judicial Affidavits as required under the Order of Branch 19 dated December 07, 2012. Atty. Sotto argued that Judicial Affidavits are not applicable to the case because the Rules state that the same is applicable only to crimes with penalties of less than 6 years. Defense counsel Atty. Marlon Manuel, stated that the rules are applicable if the accused agrees to use the same irrespective of penalty. The accused in this case did not contest the Judicial Affidavit rule. Because of the absence of Judicial Affidavits, the Court reset the bail hearing on March 4 and 6, 2013 and expressed that submission of Judicial Affidavits prior to the hearing is mandatory.
March 4 – 6 Bail Hearing
On the hearing of the Motion for Bail filed by Mr. Tulawie last March 4 and 6, 2013, the Prosecutor presented a total of seven witnesses, five from the Military and Police and two self-confessed conspirators of the bombing, Mr. Sali Said and Mr. Mujibar “Bong” Alih Amon. Both witnesses were neither included as accused nor had been mentioned as witnesses on the charge sheet against Tulawie. Initially, the prosecutor informed the Court that they will present 30 witnesses but they only presented seven. The Police and Military testimonies made no mention of Mr. Tulawie’s involvement on the incident but just described the incident and the destructions as a result of the bombing.
Before Sali Said started his testimony, the Judged expressed concern of the content of his judicial affidavit admitting to his involvement on the bombing incident and other several crimes. She cautioned the Prosecutors that they may be jeopardizing their client with self-incriminating statements. Judge Malagar questioned the witness herself if he understood his predicament but the witness was unfazed.
Sali Said, as witness, executed two Judicial Affidavits dated February 25, 2013 and March 5, 2013. The first affidavit he said was not entirely true because he tried to protect himself from being included in the case or at least lessen his involvement. A week later he executed another affidavit because he said he felt guilty and finally wants to say the truth.
In both of his Judicial Affidavits, he admitted that he is one of those who conspired in the planning and execution of the March 13, 2009 bombing. He also admitted that he is an active member of the Abu Sayaff Group (ASG).
The witness Sali Said, orally admitted in open court and in the presence of the Judge that he is an active member of the ASG. He also admitted that he was one of the persons who kidnapped Ms. Ces Drilon (television network journalist) and Octavio Dinampo in 2008 but proudly stated that he has not been charged at all. From the records of the prosecution, Octavio Dinampo has executed an affidavit positively identifying Sali Said as one of their kidnappers.
He also admitted that he was arrested last March 2011 in a Port in Jolo, Sulu and detained at SICA, MMDJ Compound, Camp Bagong Diwa, Taguig City in relation to the kidnapping and the beheading of the members of the Jehovah’s Witness/Almeda Group by the ASG. This case is lodged before RTC, Branch 266, Pasig City docketed as Criminal Cases Nos. 128923-H-A-E.
As per testimony of Sali Said, he admitted that the lawyer of Governor Sakur Tan intervened and helped in the facilitation of his release and he was accordingly released from prison last February 15, 2013. It could be noted that it is not merely coincidental that Sali Said was released barely two weeks before the bail hearing of the Tulawie case.
Said admitted that he is mad at Mr. Tulawie because he alleged that the latter caused the death of his cousin, another accused Sulayman Muhammad Muin. It can be recalled that Mr. Muin was killed while detained in Sulu Provincial jail by BJMP personnel allegedly for trying to escape. Juhan Alihudin, another co-accused, after the hearing mentioned that Said should have asked him and learned the truth because he was detained with Mr. Muin when the latter was killed in detention.
At one point during his testimony, Mr. Said excused himself to go to the comfort room and passed by hearing distance of Mr. Tulawie, he said “ Nakahanda na ang mga butas na paglilibingan nating dalawa sa Sulu” (The holes for both our graves are already prepared in Sulu).
Mujibar “Bong” Alih Amon, another witness for the prosecutor testified that he is a photographer, former driver and errand boy of the Tulawie family who lived for years in the Tulawie home. As a photographer he cannot recall the model of the camera he used, when cross-examined by Atty. Mary Ann Arnado of the defense legal team. As a driver of Mr. Tulawie’s family, he miscounted the cars of the Tulawie. As one who lived in the Tulawie home for years, he cannot recall the features of the house and are not familiar with the members of the family and even miscounted the number of Mr. Tulawie’s children.
He testified that he was hired by Mr. Tulawie to conduct “Plan B” to assassinate Gov. Tan for P3.5 million pesos as the first bombing was unsuccessful. He mentioned that he recruited tricycle drivers to help him implement the plan. However Plan B did not pushed through when the accused on the first incident were already arrested. He was also subsequently arrested as suspected member of the ASG involved in the beheading of the Almeda/Jehovah Witnesses members. Mr. Amon is currently detained in MMDJ Compound, Camp Bagong Diwa, Taguig.
Mr. Amon also admitted that he was offered assistance by the Prosecutor’s counsel but that he refused and that he just wanted to tell the truth on the incident. He denied being a member of the Abu Sayyaf group.
After the testimonies of the witnesses, the Defense counsel motioned that the Public Prosecutor should include Said as accused in the Tulawie case because of his admission of involvement in the bombing. The Prosecutor said that there should be a complaint in which the Judge said that it should be motu proprio on their part. But the former is still adamant, thus Judge asked the Counsel to formalize the motion.
The March 6 concluded the bail hearing for Mr. Tulawie. The Judge will issue her decision on or before June 19, 2013 also the scheduled next hearing on the case. For the meantime, Mr. Tulawie will remain in Davao City Jail.
On both hearings, some members of the Free Mr. Tulawie movement observed the proceedings.
Accuser’s activities
A news report in one of the Regional newspaper stated that the Palace (Office of the President) intervention is feared on the Tulawie case. It mentioned that CHR has already declared Tulawie is innocent and that several NGOs are resulting to agitation tactics and lobbying with personalities to campaign for members with cases (see picture of the news clipping at the left).
There is also a regular picket during court hearings of Tulawie of young Muslim people of undetermined persuasions. When they were asked who they are rallying about, they said to stop the bloodshed and have peace in Sulu. Their placards are stating confusing messages that they condemn human rights violators and at one time stated that bombers and HR violators should be jailed. During their March 4 picket, they were referring to a news clipping. (Source: PAHRA)
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A network of young individuals calling for free and transformative elections condemned the killing of a political leader of Barug Katawhan, a group of Typhoon Pablo survivors who protested the slow distribution of relief goods, and urged the electoral candidates to have a firm stance against human rights violations.
“The time at which Jose was killed should raise suspicions on the motives of the perpetrators. It is alarming that she was killed while on her way to report the cases of military harassment, and after the three day campout of the protesting Pablo survivors. The administration should immediately conduct a thorough investigation on the incident and carefully examine the purported involvement of the military,” said Pauline Gidget Estella, spokesperson of Rock The VotePhilippines, a network of young individuals and groups calling for transparent elections and genuine political reforms.
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Tribal members flee Tampakan mine site due to heavy military presence
By Bong S. Sarmiento, MindaNews.com
February 3 2013
KORONADAL CITY (MindaNews/2 February)—At least 50 individuals, mostly women and children, have fled the mines development site of foreign-backed Sagittarius Mines, Inc. for fear of the growing militarization in the area, a church worker said Saturday.
Rene Pamplona, advocacy officer of the Social Action Center of the Diocese of Marbel, said the evacuees have sought refuge in a shelter owned by the diocese.
“They started going down on board motorcycles yesterday (Friday) because they are afraid of the growing presence of the military,” he said on the phone.
Pamplona said the evacuees came from Bong Mal district, a B’laan territory at the heart of the mines development site that straddles the towns of Tampakan in South Cotabato and Kiblawan in Davao del Sur.
The evacuation came three days after the alleged encounter between soldiers and a tribal armed group that is opposing the mining venture of SMI.
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The last human rights’ defender of Sulu is under seige
Temogen “Cocoy” Tulawie belongs to a prominent and notorious clan in Sulu. Instead of succumbing to the workings of the clan to gain political advancement, he chose to serve the poor. Cocoy simply wants to create space for ordinary people to regain their dignity and self-respect amidst the endless recurring clan wars and the military’s impunity to violate human rights of the individual Tausug and their communities.
Immediately after his studies in Manila, Cocoy Tulawie started organizing the local organization named “BAWBUG”, which means “Serve, Respect and Protect” to address the human rights violations during the military operations in the islands. Cocoy Tulawie was also an active member of the Center for Humanitarian Dialogue (CHD) from 2004-2008 and a council member of the Non-Violent Peace Force in the province of Sulu. He served as a municipal council of the capital town of Jolo from 2004-2007. During his term, he was one of the organizers of the Concerned Citizens of Sulu that fought for the democratization of local politics, transparency in governance and upholding the rights of the residents of Sulu.
After the release of the two International Committee of Red Cross (ICRC) members, Gov. Sakur Tan of Sulu issued a state of emergency on March 31, 2009 resulting to the arrest of 42 persons including two or more policemen, vendors, and barangay captains. Among those arrested is the younger brother of the OIC mayor of Indanan, Sulu. Eight of them were brought to Zamboanga City for further interrogation but after ten days, all were released due to lack of evidence.
Consistent with his human rights advocacy, Cocoy Tulawie confronted the governor on his declaration of state of emergency and on the subsequent mass arrests. Later, on April 4, 2009, he sent a petition before the Supreme Court, questioning the legality of such declaration. Recently, the Supreme Court ruled that the declaration of state of emergency in Sulu was unconstitutional.
Cocoy organized fact-finding missions which exposed Gov. Sakur Tan’s culpability by virtue of omission in relation to the rise of cases of gang rapes and sexual violence against women in Sulu. Victims who were interviewed all pointed to the sons of political warlords and members of the Civilian Emergency Forces as perpetrators of the heinous crimes. But justice was not served because the perpetrators are people who have connections with or are working for Gov. Sakur Tan.
Cocoy Tulawie was subjected to a very systematic smear campaign. All those who have attempted to extend support to him have been harassed and ridiculed, as if he was a bearer of a curse. On May 13, 2009, a radio transceiver-controlled bomb placed in a motorcycle parked in the capital grounds exploded when the convoy of the governor was directly beside it. Tan was unscathed but nine people were injured. Two suspects were arrested and tortured for three days inside the compound of the governor. Based on the confessions of the two arrested suspects, Cocoy Tulawie was allegedly named as one of those behind the attempted assassination of Gov. Tan together with other named politicians. Expectedly, based on trummed-up charges, a warrant of arrest was issued against Cocoy Tulawie last October 5, 2009. Believing he has no chance of being tried fairly in Jolo, Cocoy transferred residence while waiting for the Supreme Court decision on his motion for transfer of venue of trial to Davao.
Cocoy was arrested in Davao City last January 13, 2012.
His accusers want him to be separated from his fellow Tausugs and human rights advocates. Cocoy Tulawie is not a murderer. He is not capable of doing such dastardly act. Throughout the years when the Tausugs were subjected to continuing human rights violations, he remained steadfast in his advocacy. He remained in the island to extend protection and assistance to these victims when others retreated to their comfort zones. He is constantly called to facilitate resolution of conflicts like banta or redo. He was instrumental in frustrating the implementation of an ID system as initiated by then Col. Ecarma of the Philippine Marines last January, 2008. He is held in high regard by the ulamas and gurus because of his resiliency in fighting against oppression.
The arrogance of Gov. Tan stems not solely from being a warlord, for he is not alone in wishing that Cocoy Tulawie is effectively neutralized. The Philippine military, under the notorious Task Force Comet also wants to silence Cocoy Tulawie.
The United States of America is also interested in getting rid of Cocoy Tulawie. Cocoy Tulawie has been at the forefront of an anti-imperialist movement in the island. When the US Troops were about to enter the island, the local anti-imperialist movement registered (in their thousands) their refusal to allow them. When the US troops manipulated their way into the island, Cocoy Tulawie Tulawie stood firm in demanding their immediate pull-out.
Let us not allow the conspiracy of the triumvirate – the US, the Philipine military, and the warlords in Sulu to triumph in rough-shoding Cocoy Tulawie’s rights and keeping him in jail.
We call on all human rights advocates, people’s movement, lawyers’ groups and associations, church individuals and institutions and progressive people in the academe to help in the Free Cocoy Tulawie Campaign. Together with our brother Tausugs, we will never submit to fear.
KILUSAN PARA SA PAMBANSANG DEMOKRASYA
February 1, 2013
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GPH, MILF peace panels return to KL to work on annexes
By Carolyn O. Arguillas, MindaNews.com
January 20 2013
DAVAO CITY (MindaNews/20 January) — The government (GPH) and Moro Islamic Liberation Front (MILF) peace panels are returning to Kuala Lumpur this week to resume negotiations on the four annexes to the Framework Agreement on the Bangsamoro.
In a press statement released by the Office of the Presidential Adviser on the Peace Process, government peace panel chair Miriam Coronel-Ferrer said this week’s negotations, scheduled to begin Monday, are “crucial” as both panels hope to finish the unresolved issues on Power-sharing, Wealth-sharing, Normalization and Transitional Arrangements and Modalities.
It will be the third time the panels are meeting to complete the annexes.
Both panels were supposed to have finished the annexes before the end of the 2012, in accordance with the FAB which was signed on October 15, 2012 in Malacanang.
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STATEMENT OF TEMOGEN “COCOY” TULAWIE ON THE FIRST ANNIVERSARY OF HIS ARREST AND INCARCERATION AS A HUMAN RIGHTS DEFENDER
Dear Friends, Comrades, Supporters and Fellow Human Rights Defenders,
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh!
Exactly one year ago, January 14, 2012 just at the stroke of midnight, I was with my two sons, Eeman, (17 years old) and Ameer (13 years old) in a rented house at Catalunan Grande, Davao City when combined elements of the Regional Special Action Force and Regional Intelligence Unit of the Philippine National Police led by PSupt. Fernando Ortega forcibly broke in the door in order to arrest me. As the assaulting team was still alighting their vehicles, I already noticed them from inside the house and I immediately turn on the lights. The men were in full combat attire, with long high-powered firearms, bullet-proof vests and laser night vision googles as they were under strict orientation that I am a highly dangerous target who possessed bombs and weapons.
There was still every chance for me to escape but I did not consider that option as it will just cause unnecessary commotion in the already quiet and sleeping neighbourhood. I peacefully submitted myself to the arresting team who then brought me to the Davao Medical Center for physical check-up which is a standard operating procedure.
Due to direct threats against my life, I had been running the life of a fugitive since I left my hometown in Sulu in 2009. Since then, I had been sensibly imagining the day of my arrest and have also psychologically prepared my two sons, Eeman and Ameer, on what they should do when that event will actually happen. Both of them have clear instructions whom to call on, what to do, how to conduct themselves when I will be arrested. We had been talking about this fateful event for several times. But even with the amount of preparation, nothing in my imagination actually prepared me for that day. The first thing that crossed my mind was what if they will summarily execute me. The Philippine state is notorious in its record for summary execution and political killings and Davao in particular is also infamous for the Davao Death Squad and so the idea that I may never even reach the nearest police station scared me like hell. I tried so hard to maintain presence of mind and engaged the arresting team members in a conversation. I asked them to bring me to the nearest police station so they can duly record the conduct of my arrest into the police blotter. I recalled this standard operating procedure being taught in our past human rights seminars and I have never realized until such time that such procedure could spell life and death for a person in custody.
I was fortunate enough that the arresting team led by Col. Ortega faithfully observed the procedures in conducting arrest and dutifully brought me to the Talomo Police Station. After that, I was brought to the Davao Medical Center for physical examination. There, I pleaded with Col. Ortega to return back to my house in order to check on the situation of my two minor children and to give them access to my whereabouts. Without hesitation, the good officer went back and was able meet my two lawyers who were already in the house frantically calling all police stations and military camps for my whereabouts.
Prayers throughout the night
As I left my children alone in the house that night, I prayed very hard and entrusted everything to Allah’s mantle of protection. I kept praying “Hasbunallahu Wa Ni’mal Wakeel” I trust no one besides you Ya Allah. I recited this over and over again in the course of such perilous journey where anything could just happen. There were two critical roads which I greatly feared. Going out of the subdivision, we turned left towards downtown. At that juncture, I thought, if we will turn left towards Tacunan, then something will be very very wrong as I could easily be executed there. I prayed so hard and invoked Allah’s mercy. It was such a relief that the vehicle turned right and we went towards the national highway. At that point, again, if this will turn left towards the diversion, it will another dangerous turn. I insisted that we go straight ahead because I knew that the Talomo Police Station is towards that direction. In fairness to the arresting team, they were indeed heading towards the nearest police station.
Private plane waiting
While at Camp Catitipan, I noticed that the arresting team was in a hurry and I asked why. One of them informed me that after conducting all the SOPs e.g. medical check-up, picture-taking, documents’ turnover, etc., I will already be turned over to the Military Intelligence Group who came all the way from Zamboanga City. The MIG reportedly has arranged for a private plane to take me to Jolo, Sulu. The assigned officer of the PNP asked the MIG why they are so interested on Cocoy Tulawie that they are even willing to charter a private plane to transport him to Sulu. At that point, I realized that the Governor of Sulu is obstinate in delivering a very resounding statement. That it is simply foolish of me to fight against a highly powerful and influential politician who will never hesitate to spend millions in order to silence any dissent and take full control over his own fiefdom. The chartered private plane symbolizes power, machismo, and ostentatious display of wealth which is simply a criminal act given the wallowing poverty and the suffering of the people in Sulu.
Despite a Supreme Court Order transferrin g the venue of the case from Jolo to Davao City, the MIG operatives from Zamboanga City simply wanted to deliver me to their patron so they could then collect the handsome reward. Since no amount of reasoning could convince the arresting team to wait until Monday when the courts are already open, my legal team had to call key cabinet members over the weekend just to delay my transfer to Jolo. It is noteworthy to mention here that the late Secretary Jessie Robredo readily helped us by instructing the PNP Superintendent in Region XI to suspend the transfer to Sulu to give my legal team a reasonable time to confer with the Supreme Court. The Chair of the Commission of Human Rights also burned the mobile phone lines to reach out to the Supreme Court even on a weekend.
One year after.
It has been a year since that fateful arrest on January 14, 2012. A lot of things happened since then which can perhaps be the subject in forthcoming letters from prison. What is clear though is the fact that despite the sustained campaigns and legal strategies, money and political influence remain to be my foremost obstacles to freedom. It is sad to note that despite the rightness of my cause, the public sympathy, the earnest efforts of HR groups and the CHR, the international support and a solid legal defense, my accuser can still afford to prolong my incarceration by the simple excuse of delay and by paying off each and every legal remedy via known tricks of well-oiled law firms.
From the confines of my prison though, I have learned to respect time. Never have I fully understood the virtue of “sabar” (patience) until I have lived the life of a prisoner. I have no choice but to follow routines like head count, search of contrabands, etc. It is also part of routine that I get to wear a yellow t-shirt all the time which for me could subconsciously rob me of my own identity. I realized I need to struggle to maintain my health, psychological well-being and the political will to sustain my fight not only for myself and my family but also for my people and other human rights defenders who are into far worst conditions than the one that I am currently experiencing.
I have also learned to resign everything to God’s plan and mercy. Listening to the plight of hundreds of inmates that I have encountered here, I realized that despite all the odds I am facing, I am even more fortunate than many of them. So that keeps me humble, patient and grateful with each day’s worth of blessing. In my long years as a human rights activist, it is only now that I have fully appreciated the importance of our shared advocacy and the global solidarity that connects our struggle. I feel overwhelmed by the love and support of leaders and organizations from Hong Kong, Germany, Ireland, US the European Union and all over the world most of them I have never even met before.
Just last week, during one of the weekend visits of my family, my son Ameer cried when he learned that I will have to be transferred again from Davao City to Manila after the Supreme Court approved Gov. Sakur Tan’s petition for transfer of venue. He asked me why I seem to be helpless over my own situation now when all their growing years, they looked upon their own father as a fearless defender of the rights of others. In his desperation, Ameer asked me why I could not defend my own self? Ameer’s question gave me a pang in the heart and almost crushed my spirit as a father. If I had not been tempered by the day to day survival measures of prison life, I could have just broke down and cried. Yet, I accepted his question for what it is worth. I know I have not given him a satisfactory response. I may not have the answer now but I know deep in my heart that Allah will answer my prayers in His own time.
I wish to end this letter with a thanksgiving and a deep sense of gratitude for all your support, hard work, generous assistance, prayers and well wishes in the last 12 months when I had been robbed of my freedom. Thank you for working so hard for me and my family. Let us continue working together to defend all human rights defenders in the Philippines and all over the world. I have full faith that Insha Allah, I will be able to return back to Sulu as a free man in order to continue my important mission as a human rights defender of my people.
Sincerely yours,
TEMOGEN “Cocoy” Tulawie
LETTER FROM PRISON
January 14, 2013
Davao City Jail
Maa, Davao City, Philippines
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The Asian Human Rights Commission (AHRC) has released its 15-page report on the situation of human rights in the Philippines this year. The report, titled “Strong rights, no remedy,” gave detailed analysis on the absence, if not lack of adequate remedy and redress to any forms of violation of rights in the country’s system of justice. The report is written in seven sections and each section gives analyses of the important events which took place this year, and by examining old cases and new cases it has documented, it evaluates what impact it has had on protection of rights.
The discourse on protection of rights, or the lack of it, in the Philippines has been very challenging in recent past. There is a strong perception–domestically and internationally–of the governments political will to protect rights. But whether their public statements and policy of protection of rights are translated into reality to the daily lives of the people who suffer have been questionable. There are rights, like freedom from torture, with no legal remedy in the past, now they have; perpetrators of gross human rights violations, like former president Gloria Arroyo and the military generals during her term, who could not be prosecuted in the past, are now being prosecuted.
The government has been engaged in legislating and ratifying domestic and international human rights treaties respectively, but in practice none of those accused of torture have been punished. Events and developments like this have resulted to renewed confidence on the government. By examining empirical cases, it is clear that there is a fundamental breakdown in the country’s system of protection as described below.
Convicted chief justice & the court judges
This section examines the impact of the conviction of Renato Corona, former chief justice of the Supreme Court (SC) in an impeachment trial for his non-disclosure of his assets, on the discourse of judicial accountability and corruption amongst the judges in the lower courts all over the country. Corona’s conviction has restored the confidence of the public on the executive and legislative for exercising their role as co-equal branches in safeguarding corrupt practices and abuses.
But Corona could be impeached and punished; however, in practice judges in lower courts subordinate to him breached due process rules and fundamental principles of fair trial as they exercise of their duty daily. Judges ignoring orders by the SC, admitting evidence taken by way of forced confession and torture, conniving with prosecutors in fabricating charges against human rights and political activists, delaying trial of cases, and others subverting due process is very common. They were never punished.
Old and new cases: no arrest, remedy
This section explains why the Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty, and Security of Persons, which President Benigno Aquino III, is doomed to fail. This body, with a fresh mandate to investigate old and new cases, only repeats the ritual of creating task forces and special investigation bodies.
The inability and failure of similar special task forces before, notably the Task Force 211 in November 2007, to ensure that its prosecution based on the special investigation they earlier had conducted would result to conviction, identification of the accused and conclusion of cases, questions the competence and credibility to this new ‘super body’. Also, the inability of the authorities to arrest former General Jovito Palparan and his accomplices for the enforced disappearance of activists despite the increases reward money for his arrest clearly illustrates that even if court issues arrest orders, perpetrators would not arrested.
If Palparan and other powerful and influential politicians, who had been identified as masterminding targeted attacks of human rights and political activists in high profile case could not be arrested despite being known in the country, it means the possibility of prosecuting perpetrators of extrajudicial killings and disappearances where the perpetrators are not identified–like the death squad in Davao City–is non-existent. Thus, the recommendation of the Commission on Human Rights (CHR) to hold local officials accountable in Davao City would be meaningless.
Cycle of rights violations: massacre, killings, torture & disappearance
As expected, massacres and other forms of horrible violations happened this year, too. But these cases are no different to earlier documented cases that remain unresolved. If the perpetrators in the Maguindanao massacre in November 2009, after three years of trial, are still unpunished and other perpetrators remain at large, it would not be surprising that the massacre that documented this year, notably that of Capion family in October 18 in Tampakan, South Cotabato, would not be resolved, too.
One of the complainants in the case of the Maguindanao massacre, Myrna Reblando, widow of journalist Alejandro ‘Bong’ Reblando, had to leave the country for lack of adequate protection. Not only her that is being targeted, there have been potential witnesses who had been killed before they could testify, families of the victims offered bribe, if not being continuously being the object of threats and harassment with the deliberate intent for them to withdraw their complaint. They have no protection.
No remedy, redress: they be Filipinos or not
In the past, there are probabilities of prompt and effective intervention when foreign governments and their people take action from abroad on human rights issues. In this section it explains that even in cases of foreign nationals, Wilhelm Geertman and Fr. Fausto “Pops” Tentorio who were murdered on July 3, 2012 and October 17, 2011 in the country respectively, perpetrators are either unpunished or unidentified.
Wilhelm and Fr. Fausto had lived and worked for decades with the poor and vulnerable communities. If cases of these persons, who has representation from their foreign governments and pressures from their own people back home had not resulted to adequate remedy, will cases of Filipinos in their own country have? This section demonstrates numerous cases without remedies regardless of the identity and personal background of the victims. No remedy be they Filipino or not.
Prospects in the emerging justice system: Bangsamoro political entity
The signing of agreement between the Moro Islamic Liberation Front (MILF) and the Government on “Framework Agreement on the Bangsamoro” offers prospects of peace and building of democratic institutions that would address the aspirations of the struggle of the Muslims in the south. The real challenge is how to build institutions of justice that would address the grievance of the Muslims who are often the usual suspects in terrorist activities after decades of subjugation.
This section draws the old experience on how cases of torture, arbitrary detention and fabrication of charges, had been committed with the operation of justice system—the police, prosecutors and judiciary. These lessons should be learned. Thus, it is important that fair trial and due process is to be fundamental values in this emerging justice institution in the proposed political entity if this agreement for political settlement on the Mindanao question is to survive.
Rights in the Philippines: on paper, not in practice
This section explains that by its legislation of domestic law and ratifying international human rights treaties, the government succeeded in making it appear on paper that not only it has ‘political will’ it is also a ‘champion of human rights.’ The perception it has created and ‘diplomatic victory’ is has obtained in doing so, has changed the landscaped of human rights discourse into becoming even more difficult. The government’s records is being reviewed, not how in reality it afforded or not afforded remedy to violations of rights, but how many domestic laws, human rights treaties it has signed; and public statements of its government officials reaffirming protection of rights.
In conclusion, it is clear that without changes as to how the institutions of justice – police, prosecution and the judiciary – operate to ensure adequate protection of rights, there is no possibility that rights on paper would have remedy. If the very fabric of the system of protection of rights is flawed, no rights would have the possibility of obtaining any remedies.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
FOR IMMEDIATE RELEASE
AHRC-STM-262-2012
December 11, 2012
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31 witnesses to attend HR congressional hearing in Davao
By Lorie Ann Cascaro
November 7 2012
DAVAO CITY (MindaNews / 7 Nov) – The House committee on human rights will have 31 witnesses during its two-day hearing to be held in this city on November 8-9, Bayan Muna partylist Rep. Neri Colmenares said at a press briefing here Wednesday.
Attending the hearing, he said, will be witnesses of extrajudicial killings and victims of other human rights violations (HRV) in Mindanao since the 15th Congress in 2010 until June this year based on House resolutions filed by several representatives.
Colmenares cited a total of 114 extrajudicial killings nationwide, 26 of which are in Mindanao, since President Benigno Simeon Aquino III sat in office.
Representatives from various military commands all over Mindanao, the Commission on Human Rights and Philippine National Police will also be present, he added.
However, the military and police will not be allowed to attend the hearing on the first day for the protection of, and to prevent intimidation, of victims and witnesses, Colmenares stressed.
He noted that House committee chair Rene Relampagos will be attending, including Representatives Luzviminda Ilagan of Gabriela Women’s Party and Karlo Nograles (both from this city), Antonio Tinio of ACT Teachers Partylist, Raymond Palatino of Kabataan Partylist and Erin Tanada, among others.
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.
31 witnesses to attend HR congressional hearing in Davao
By Lorie Ann Cascaro
November 7 2012
DAVAO CITY (MindaNews / 7 Nov) – The House committee on human rights will have 31 witnesses during its two-day hearing to be held in this city on November 8-9, Bayan Muna partylist Rep. Neri Colmenares said at a press briefing here Wednesday.
Attending the hearing, he said, will be witnesses of extrajudicial killings and victims of other human rights violations (HRV) in Mindanao since the 15th Congress in 2010 until June this year based on House resolutions filed by several representatives.
Colmenares cited a total of 114 extrajudicial killings nationwide, 26 of which are in Mindanao, since President Benigno Simeon Aquino III sat in office.
Representatives from various military commands all over Mindanao, the Commission on Human Rights and Philippine National Police will also be present, he added.
However, the military and police will not be allowed to attend the hearing on the first day for the protection of, and to prevent intimidation, of victims and witnesses, Colmenares stressed.
He noted that House committee chair Rene Relampagos will be attending, including Representatives Luzviminda Ilagan of Gabriela Women’s Party and Karlo Nograles (both from this city), Antonio Tinio of ACT Teachers Partylist, Raymond Palatino of Kabataan Partylist and Erin Tanada, among others.
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.
“They are neither dead nor alive. We don’t know which cemetery to go ts. So we only light candles in the church to remember them,” Bayan Intise, son of desaparecidos, said Wednesday.
Intise, spokesperson of Pagkakaisa ng mga Biktima para sa Hustisya (Hustisya) Southern Mindanao, said his parents, Nelly and Federico, have been missing for six years.
Known for being active in community organizing, his parents were taken by alleged government agents in General Santos City on October 26, 2006.
Intise said his father was a military target for being a consultant of the National Democratic Front of the Philippines, while his mother was very supportive of his father’s work.
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A year after Fr. Pops Tentorio’s murder, no case filed in court
By Mindanews
October 18, 2012
DAVAO CITY (MindaNews/17 October) – Exactly a year after the murder of Italian missionary Fausto “Pops” Tentorio, no case has been filed in court and the parishioners and indigenous peoples in Arakan, North Cotabato, where he served as parish priest, as well as the Diocese of Kidapawan and his congregation, the Pontificial Institute of Foreign Missionaires (PIME), are still waiting.
Fr. Peter Geremia, also of the PIME and presently the assistant parish priest in Arakan, told MindaNews that one year later, justice has remained elusive.
As of October 17, the first death anniversary of Tentorio, Geremia said they have yet to hear fom the Department of Justice on the status of the case.
He recalled that the last time Justice Undersecretary Francisco Baraan replied to his follow-up query was on September 13. During that time, he said, Baraan asked him if he received a letter from them (Department of Justice). He replied he didn’t.
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The Citizens’ Signing of the Framework Agreement is the highlight of the “Davao, Duyog sa Kalinaw!”
activity to be held at the Freedom Park, Roxas Avenue, Davao City on 15 October 2012.
The convenors celebrate this milestone in the 15-year-old GPH-MILF peace negotiations not as the end of the process but rather, the beginning of more challenges ahead. The Framework Agreement sets out the mutually agreed upon principles to guide both Peace Panels and put things in perspective as both thresh out the details in the substantive agenda of the talks.
The symbolic Citizens’ signing of the framework agreement is a clear message on Citizen Participation in the peace process. The convenors believe that a sustained engagement on matters of peace and right to self-determination will generate a groundswell of informed public support to the peace talks– even for those outside the zones of conflict.
At the same time, the group commits to remaining active and vigilant especially in monitoring the succeeding interim agreements and actual implementation of what comes next. Such mechanisms guaranteeing transparency and participation of all sectors especially covered in the core Bangsamoro territory should be soon installed. Monitoring the peace process and continuing education at the community level are among the tasks civil society organizations commit themselves to doing, in building the constituency supporting the peace process.
Activity organizers: Mindanao Peace Weavers (MPW), Mindanao Coalition of Development NGOs (MINCODE), United Youth for Peace and Development- Davao Region Chapter (UNYPAD), Agong Peace Network, Mindanao Peoples Caucus (MPC), Alternate Forum for Research in Mindanao (AFRIM), Initiatives for International Dialogue (IID), Generation Peace Youth Network- Davao chapter (GENPEACE) and Pambansang Kilusan ng mga Samahang Magsasaka- Mindanao (PAKISAMA). #
IID is the Secretariat of Mindanao Peace Weavers
IID is an advocacy and solidarity institution promoting peace, conflict prevention, democratization and right to self-determination in Southeast Asia. Our focus areas include Mindanao, Burma, Timor-Leste, South Thailand, Aceh and West Papua.
Press Release
15 October 2012
Contact persons:
Lyndee Prieto, Email: lyndeeprieto@yahoo.com; Mobile: 0917-724-7579
Rich de los Santos, Email: rich.delossantos84@gmail.com; Mobile: 0927.644.6524
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