“Just like the Commission on Human Rights (CHR), the Armed Forces of the Philippines (AFP) and the rest of the BS Aquino agencies, the Department of Justice (DOJ) has been a party to the commission of human rights by implementing Oplan Bayanihan, particularly in filing false charges against activists and in deodorizing the crimes of the regime,” Karapatan secretary general Cristina Palabay said today as the Manilakbayan 2015 contingent from Mindanao staged a protest action in front of the Justice department.

A few weeks after being appointed as Justice Secretary, Alfredo Caguioa’s office was stormed by more than 500 Lumad and Mindanawon with human rights group Karapatan and members of progressive people’s organizations. The protesters slammed the DOJ’s role in the continuing systematic violations
of human rights among peasant and Lumad communities.

“The pattern of non-prosecution of murderers and torturers in the military and paramilitary groups, and the filing of trumped up charges against known leaders of Lumad and of progressive organizations are the key roles of the DOJ in Oplan Bayanihan. It has used the legal system to promote the climate of impunity in the Philippines and to violate the rights of human rights defenders and political activists,” Palabay said.

Karapatan noted that among the cases filed and pending at the DOJ are the murder of Italian priest Fr. Fausto Tentorio, the massacre of the Capion family, and the September 1 massacre of school executive Emerito Samarca, Lumad leaders Datu Juvello Sinzo and Dionel Campos. “None of those who pulled the trigger and the mastermind among the State security forces were actually arrested or even faced trial. The DOJ’s deliberate inaction on these cases has furthered the climate of impunity, encouraging further rights violations in Mindanao and all-over the country,” Palabay continued.

“During meetings and hearings the DOJ would often cite the many difficulties encountered with the PNP and AFP on the arrest of perpetrators among the military and paramilitary groups. Isn’t that the raison d’etre of the DOJ-led inter-agency task force? What’s the use of the PNP and the AFP sitting in the task force for “effective coordination”? This task force has accomplished nothing as far as conviction of State perpetrators of rights violations. It has only succeeded in exonerating high officials responsible for killings and other rights abuses and in wasting public funds,” she added.

Palabay explained, “DOJ is part of the regime’s Cabinet Cluster on Security, Justice and Peace with the AFP and the PNP. It has taken on the role of protecting State forces rather than dispensing justice to the victims of the State.” In few instances that it was compelled by strong public opinion to accede to the victims’ cries for justice, high officials of the military were freed from accountability and the cases filed against ordinary soldiers are almost always lower in degree than the actual crimes committed.

“Even the dirty scheme of filing trumped up cases against tribal leaders and human rights advocates is part of Oplan Bayanihan’s program to harass, illegally arrest, and imprison members and leaders of progressive people’s organizations. The DOJ essentially has taken over Gloria Arroyo’s Inter-Agency Legal Advisory Group (IALAG),” Palabay said.

In June, 22 churchpeople, human rights workers and victims of rights violations were falsely charged with criminal offense by the Philippine National Police in Socsksargen (South Cotabato-Sultan Kudarat-Sarangani and Gen. Santos City). These 22 individuals are leaders of groups which assisted the evacuees and those who participated in a fact-finding mission in Sitio Akbual, Brgy. Upper Suyan, Malapatan, Sarangani province. The mission was held to investigate the human rights abuses committed by the 73rd Infantry Battalion-Philippine Army (IBPA) against the Blaan tribe.

In Davao City, 15 Lumad leaders and human rights advocates were also falsely charged with kidnapping, illegal detention and human trafficking for ‘holding’ the Lumad evacuees at the United Church of Christ of the Philippines-Haran while 55 other leaders from the National Capital Region and Southern Mindanao were also implicated via a rogue gallery of the AFP. The charges were eventually dismissed for lack of evidence.

“The DOJ is responsible for the fabricated criminal charges against the 555 political prisoners, hounded by tortuous legal proceedings, barefaced maneuvers of the military, and repressive and inhuman conditions in jail. With the new Justice Secretary, who was Aquino’s classmate and Chief Presidential Legal Adviser, such violations are expected to continue,” Palabay said.

“The DOJ could only dispense an iota of justice to the victims of human rights violations if it acknowledges it is part of the State’s policy to arrest, detain, and kill people as it implements Oplan Bayanihan. There is no middle ground to justice. There are only the perpetrators and the victims. And in our case, the poor majority of the Filipino people are often the victims of state-perpetrated violence,” said Palabay.

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831

Angge Santos
Media Liaison
+63918-9790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org <publicinfo@karapatan.org>
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Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Building
#1 Maaralin corner Matatag Streets
Central District, Diliman,
Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties. It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign. It was established in 1995.

SIENI TAGA YAHI NU NASUD NABAYUAN TUNGOD TU PANGIYAK TU KAUTAWANG LUMAD TU KANDAN NAALIMUOTAN

Response to the Manifesto of the NCIP Chieftains in San Miguel, Surigao Del Sur

The International Fact Finding Mission in Surigao del Sur last October 26-30, 2015 clearly did not violate any Lumad law. We from the organization of MAPASU, is very thankful that there are people from outside of the country concerned about our plight. “SIENI TAGA YAHI NU NASUD NABAYUAN TUNGOD TU PANGIYAK TU KAUTAWANG Lumad TU KANDAN NAALIMUOTAN” meaning “The foreigners are alarmed by the Lumad people’s cry of their problems”. This is the reason why they came here to look into the truth about the problem that has made us cry out. To our understanding, Free, Prior and Informed Consent (FPIC) is applicable only to acquire consent for mining, logging, dam and other projects encroaching into Lumad territory.

The participation of the organization MAPASU to the IFFM plainly showed that the activities of the IFFFM were consistent with the aspirations of the Lumad. MAPASU strongly criticize the manifesto made against the IFFM by Jimmy Guinsod, Rizal V. Maca and Rico Maca who are calling themselves legitimate leaders/chieftains.

They who have been calling themselves chieftains or Lumad leaders in the municipality of San Miguel did not undergo the tribal process of becoming chieftain because they do not come from nor is part of a Lumad community/territory, they do not reside in a Lumad community and they were not chosen by the people to lead the community. They live in the poblacion and in the offices of the National Commission on Indigenous Peoples (NCIP) and Armed Forces of the Philippines (AFP), their cohorts in using the Lumad for their selfish interests. Jimmy, Rizal and Rico are not concerned with the good of the environment and the Lumad people; they are looking after their personal interests by using the name of the Lumad. They have become conduits for the entry of projects that destroy the environment like mining in the municipality of San Miguel. They call themselves chieftain based on the declaration of the NCIP. We believe that these people are partners of the criminal bandit paramilitary that call themselves Bagani/Magahat and the military itself because it is clear that they have the same principles and aspirations of destroying the unity of our people. There is no difference between what Jimmy Guinsod, Rizal Maca and Rico Maca are mouthing and what 402^nd Brigade Commander Col. Isidro Purisima, the big liar, is saying.

MAPASU is clarifying that there is no need for conflict resolution among the Lumad because there is no conflict to settle. Dionel “Onel” Campos, Datu Juvello “Bello” Sinzo and Emerito “Sir Emok” Samarca were brutally killed by the executioners and criminal bandits at the command of the 75^th IBPA under Col. Purisima of the 402^nd Brigade.

The church people, nuns, priests, pastors and bishops from different religious denominations did not create havoc in our communities; they relate with us Lumad because we are part of the poor they serve and we are among those they have sworn to serve. The priests, nuns, pastors and bishops from different churches sincerely brought development and light to our lives. We consider them as grace sent by Magbabaya to help us during trying times. On the other hand, we consider the AFP, BAGANI/MAGAHAT, fake Lumad leaders as instruments of the DEVIL/SATAN that brought us darkness and misery.

The allegations in the manifesto made by the Lumad chieftains in San Miguel that TRIFPSS and ALCADEV wrought havoc to the tribe is a big lie. In the beginning, for a long time our communities were not given education by the government. Because of this situation we realized that what our tribe lacked was education and so we sent a request letter to the church people, particularly to Bishop Ireneo Amantillo, the Bishop of the Diocese of Tandag during that time, to help build us a school. The truth is that TRIFPSS and ALCADEV came to our communities because of our efforts. For us, TRIFPSS and ALCADEV were sent by Magbabaya to give us hope for the future of our tribe.

The Lumad people have adopted TRIFPSS and ALCADEV because they have become part of our lives, our partners in developing our economy, politics and culture. The curriculum is appropriate to our way of life, such that TRIFPSS and ALCADEV did not violate us Lumad, and above all, have not given the tribe trouble in any way, contrary to what the fake leaders have been saying.

The ordeal in our Lumad communities started when the bandit paramilitary armed by the AFP came to our communities. Our peaceful lives were disturbed when the military encamped in our communities. They have no respect!

To President Aquino, AFP and their puppet fake chieftains in San Miguel Jimmy, Rizal and Rico: do not muddle the issue. It is apparent that the reason for our evacuation to Tandag City is because of the brutal killing of our executive director Sir Emok, MAPASU chairman Onel and Datu Bello in front of the people and children. Why are you making up other versions of the story from the actual incident which hundreds of people witnessed? Our fears are but normal and we can still understand, we the evacuees in the sports complex. Our tribes are not in conflict. Why are you trying to make it appear that there is conflict? We want to go home at the soonest possible time but how can we go home when the AFP is occupying our communities and the bandit paramilitary armed by the AFP who are the criminals of the killing of the 3 are still free? Your heart and conscience are cruel! Is this because mining operations are set to start and the AFP is ensuring its implementation?

_____________________________

About the people who call themselves legitimate leaders in San Miguel:

Jimmy Guinsod, resides in Poblacion, San Miguel Surigao del Sur, became a barangay captain of Brgy. Bagyang, San Miguel in 2007 – 2010. He ran for reelection in 2010 but lost. He again ran for the Municipal Council in 2013 and approached TIPJUNGAN for help with his candidacy but lost. He campaigned for KATRIBU partylist. After the election, he became active with the organization SAMMICC (San Miguel Manobo Indigenous Communities Cooperative) organized by the NCIP and became its chairman. He became IPMR (Indigenous Peoples Municipal Representative) of San Miguel. During this time, he started vilifying TRIFPSS and TIPJUNGAN. He prevented the Lumad people in the community from sending their children to the school run by TRIFPSS. He finished his primary education at the TRIFPSS school in Bagyang.

A coup de grâce is happening in Hacienda Luisita.

With the auditing of the P1.33 billion debt of Aquino’s kin to the farm worker beneficiaries (FWB’s) effectively stalled, Aquino’s kin milking profits out of disputed lands in Luisita.

According to Ranmil Echanis, secretary general of the Unyon ng mga Manggagawa sa Agrikultura (UMA), this includes part of the 500 hectare property sold by the Cojuangco’s to RCBC and Centennary Holdings which is part of the debt to the FWB’s. This also includes 258 hectares of land in barangay Balete that had already been issued by the Department of Agrarian Reform (DAR) a Notice of Coverage (NOC) on December 17, 2013.

Yet, according to Mr. Echanis, the DAR has allowed the construction of a solar power plant in both disputed properties, owned by the Yuchengcos who are partners of the Cojuangco-Aquino’s in managing the Luisita Industrial Park inside the hacienda. The plant itself would be built inside the RCBC property, while the electrical posts which are already being set-up will be in the 258 hectare area.

The Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita or AMBALA, UMA’s local affiliate in Tarlac, has a pending petition to revoke DAR’s conversion order.

According to Ranmil Echanis, deputy secretary general of UMA:  “The Tarlac solar project will worsen displacement brought about by bogus land distribution implemented by the DAR under this Cojuangco-Aquino landlord president.”

Violent eviction of farmers and bulldozing of crops inside Hacienda Luisita coincided with DAR’s land distribution process from 2013 to 2014. More than a thousand hectares of disputed agricultural areas have been fenced off by Cojuangco-Aquino firms. These areas are supposedly reserved for “development projects.”

“Luisita farmers oppose the solar project because it will set a precedent that may lead to the complete wipe-out of Luisita’s farming community,” Echanis added.

This is despite the opposition made by AMBALA against the project through a petition letter signed by more than 1,000 FWB’s. This including the petition for revocation and even on the status of the NOC lands remain unacted upon by the DAR.

President Aquino has less than a year left in office. He has been very consistent in ensuring that Hacienda Luisita would remain in his kin’s hands.

UMA supports the enactment of House Bill 252 or the Genuine Agrarian Reform Bill (GARB) filed by Anakpawis Partylist in Congress.

Reference: 
GI ESTRADA
MEDIA OFFICER
UNYON NG MGA MANGGAGAWA SA AGRIKULTURA (UMA)
+639166114181
uma.pilipinas@gmail.com

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Unyon ng mga Manggagawa sa Agrikultura
Federation of Agricultural Workers | Philippines
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Tambuli tu Kalinow, Paneytow tu Kahusoy

In response to the statements of the 402nd Infantry Brigade (AFP) and Manifesto of NCIP tribal chieftains in San Miguel

Last October 26-30, 2015 participants to the International Fact Finding Mission (IFFM) in Surigao del Sur went to Lumad communities in Surigao del Sur to look into the situation of communities affected by the September 1 Lianga massacre and subsequent massive evacuations due to human rights abuses committed by AFP units and paramilitary bandit groups which started in August and continues until present time.

Accompanied by community members and Lumad leaders, a delegation of more than 140 participants, including six participants from the UK, Belgium, The Netherlands and Australia, visited Han-ayan, Km. 16, Panukmoan and Manluy-a in Brgy. Diatagon, Lianga; Magkahunaw in Brgy. Buhisan, San Agustin; Brgy. Mahaba in Marihatag; Brgys. Carromata and Bolhoon in San Miguel, all in Surigao del Sur. IFFM teams interviewed community members, teachers of Tribal Filipino Program of Surigao del Sur (TRIFPSS) and Alternative Learning Center for Agricultural and Livelihood Development (ALCADEV), victims and witnesses to the killings and forcible evacuation and local government unit (LGU) officials in Lianga, Barobo, San Agustin, Marihatag, San Miguel and Tago along with the Provincial LGU officials, PNP representatives and public prosecutors in Surigao del Sur. The participants were able to document statements pertaining to human rights violations, military and paramilitary involvement in these HRVs, along with the present conditions of the affected communities.

Instead of participating in the search for the truth, the AFP units in Surigao del Sur have vilified the IFFM and questioned the participation of foreign nationals in the mission. 6 days before the scheduled interviews, appointments were personally made by some of the letters’ signatories and IFFM convenors for audiences with each of the commanding officers of the 36th IBPA, 75th IBPA and the 402nd Brigade which they instantly refused to officially receive. Col. Purisima said that DFA clearance for the foreign participants in the mission was required before they could talk with the IFFM delegation. In the press statement released by the 402nd Brigade on October 26, they argued “foreign intervention” and went so far as to declare the IFFM as “an affront to national sovereignty” and “illegal”.

In an effort to engage the military so that they can respond to allegations of human rights violations against their units, the IFFM still went to the 402nd Brigade Headquarters in Tandag City on the appointed time, but they have chosen to justify their refusal by asking for irrelevant requirements and mouthing pseudo-patriotic statements.

A manifesto signed by Jimmy “Datu Momos” Guinsod, Rizal “Datu Manjobat” Maca and Rico “Datu Alinghian-III” Maca, all of San Miguel, was also issued vilifying the organizers of the IFFM and the IFFM itself. The three are claiming to be “legitimate datus” as they were declared datu by the NCIP. Rico Maca, the NCIP Municipal Chieftain in San Miguel was among the so-called datus that were presented by the military to the media in their September 15 press conference in Camp Aguinaldo to exonerate the AFP from involvement in the September 1 massacre of Emerito Samarca, Dionel Campos and Datu Bello Sinzo. They also accompanied the military during the Senate Inquiry in Tandag City last October 1 and 2. This clearly shows their bias.

Contrary to the allegations in their statement, the IFFM was able to talk with tribal elders and some NCIP recognized leaders in San Miguel who shared information linking the armed paramilitary leader Calpet Egua with the AFP.

The Manifesto claimed that the IFFM is “biased” as it mainly interviewed members and leaders of Kapunongan sa Mag-uuma sa Surigao del Sur (KAMASS), Malahutayong Pakigbisog Alang sa Sumsunod (MAPASU), ALCADEV and TRIFPSS. How can the IFFM not interview them when the leaders of these organizations ,if not the organizations themselves, are the victims of grave human rights violations? Dionel Campos was the MAPASU chairperson while Datu Juvello Sinzo was a member when they were killed. Emerito Samarca was the executive director of ALCADEV and he was killed in the very school building he helped establish. The victims of human rights abuses committed in the course of military operations and crimes of the paramilitary groups are members of MAPASU and KAMASS. The schools burned and constantly vilified are those run by TRIFPSS and ALCADEV.

Clearly the statements of the 402nd Brigade and Col. Purisima of the AFP and the manifesto of these so-called “legitimate” lumad leaders aim to discredit the individuals and organizations who participated in the mission to preempt the findings of the IFFM. The issuance of these statements right at the beginning of the mission is part of the systematic AFP campaign to attack the victims and their organizations, vilify them and their friends so that the inhuman acts of murder, harassment, divestment of property and dignity, as well as the suppression of information and lack of transparency in the status of official investigations and plans by law enforcement agencies, can be justified.

The statements of the AFP and their cohorts in the NCIP show their desperation to make the public believe in the alternate reality that the AFP has concocted regarding the Surigao del Sur Lumad crisis. But the truth is glaring and the IFFM validated the grave human rights violations committed by the AFP, their involvement in the creation, arming and use of paramilitary bandit forces in the counter-insurgency campaign in Surigao del Sur and the mining interest behind the continuing military operations at present.

The truth is out and no distortion of the truth can exonerate the Aquino III administration and the AFP, particularly the 75th IB and 402nd Brigade under Col. Isidro Purisima, of their accountability in the Lianga massacre and the current forcible evacuation in Surigao del Sur.

References:
Bishop Modesto Villasanta, UCCP
09286920141

Rt. Rev. Rhee Timbang, IFI
09209627420

Fr. Fortunato Estillore, DCT
09101601996

Families of the desaparecidos, or victims of enforced disappearances, once again gathered on All Souls’ Day to pay tribute to their loved ones and reiterate their demand for justice.

“With no tombs where to light candles and offer flowers, we tirelessly gather every year to remember the disappeared. But we shall not mourn in silence because there are persons in authority who should be haunted by their crimes against the disappeared, their families, and the Filipino people,” said Lorena Santos, secretary general of the group Desaparecidos, or Families of the Disappeared for Justice.

At the camp-out of the Manilakbayan ng Mindanao 2015 in Liwasang Bonifacio in Manila, however, the relatives of the disappeared since the Marcos martial law era to the present Aquino regime lit candles and offered flowers amid the photographs of their missing kin. It was their expression of solidarity with the Lumad and the people of Mindanao who have borne the brunt of the AFP counter-insurgency operations in recent months.

Almost 700 farmers and Lumad from Mindanao are in Manila to raise their voices against the worst attacks on their rights, including killings and enforced disappearances and the destruction of their schools and communities due to intensified military operations.

“For adding 26 more persons to the list of the missing, Pres. Aquino must be haunted by the desaparecidos’ cry for justice,” claimed Santos. Hundreds have been politically abducted under the previous regimes and are missing to this day.

“Enforced disappearance remains as a policy of the Aquino government in consonance with Oplan Bayanihan. Together with extrajudicial killings, torture, and forced evacuation, enforced disappearances are most felt by our Lumad brothers and sisters,”  stressed Santos.

Of the 26 victims of enforced disappearance under Aquino — as of September 30, according to Karapatan, 10 are from Mindanao. Three of the 10 are Moro, while two are Lumad.

The latest victim is John Calaba, a Manobo and anti-mining activist from Saranggani province, who was last seen on April 30, 2015. He was lured in the guard post of the David M. Consunji, Inc. (DMCI) premises and never came out. Witnesses claim having heard gunshots afterwards. Calaba actively opposed DMCI operations in his community.

The alleged DMCI takeover of the Manobo land started a decade ago.  But in 2014, they were able to reclaim it and started planting coffee. DMCI came back and destroyed what they Lumad had cultivated.

DMCI guards are trained by the AFP and are recruited into the Special Civilian Auxiliary Army (SCAA).

“From north to south, families of the disappeared cry out for justice. And the fact that almost half of those who disappeared during the Aquino regime come from Mindanao shows that the policy of abducting and disappearing persons have intensified in the island,” explained Santos.

Santos further said that “the Lumad and the people of Mindanao are on target owing to their staunch opposition against large-scale mining and other projects that plunder their ancestral domain. “

Desaparecidos has slammed the Aquino government for riding roughshod over the Anti-Enforced Disappearance Law in spite of the persistent struggle of families and rights advocates to provide a legal remedy for political abduction one of the worst human rights violations on record, and are widely believed to have been perpetrated by state security forces.

Reference:
Lorena Santos
Desaparecidos secretary general
+639088121982

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KARAPATAN Alliance for the Advancement of People’s Rights