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BS Aquino’s Claims Board violates law on Martial Law victims — SELDA

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Members of the SELDA National Executive Board were disappointed and enraged that up to the present, members of the BS Aquino-formed Human Rights Victims Claims Board (HRVCB) HAS STILL NO LIST OF THE 9,539 victims and the 24 direct action plaintiffs in the Hawaii class action suit against Marcos who, together with the list from the Bantayog ng mga Bayani, are considered conclusively presumed human rights violations victims.

SELDA learned that the Board has requested the list from Judge Real who supposedly replied that he does not have a copy, but Swift has. “This is unacceptable and beyond belief because how can the Hawaii Court not have in its files the essential document that is the list, as part of the decision on the case?  If Swift has a true copy, why cannot the HRVCB require him to submit a copy to the Board?” Marie Hilao-Enriquez, SELDA chairperson said.

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA, Association of Ex-detainees Against Detention and Arrest) expressed even more disgust when they raised the issue to the HRVCB to publicly categorically state that the 9,539 victims and the 24 direct action plaintiffs belong to the conclusive presumption provision of the law during a meeting held very recently.

Retired PNP Gen. Lina Sarmiento, who heads the Board, stated that the Board cannot do that  because of the provision under Sec. 17, Chapter III of RA 10368 which states, “… Provided, further, That nothing herein shall be construed to deprive the Board of its original jurisdiction and its inherent power to determine the extent of the human rights violations and the corresponding reparation and/or recognition that may be granted.” Gen. Sarmiento interprets this as the Board having power to review a conclusively presumed human rights violations victim applicant’s status; ultimately twisting the interpretation of the phrase. This is a very dangerous position.

“How can that be a reason, when the provision clearly states that the Board’s power so stated in that section is limited to “determine the extent of the human rights violations and the corresponding reparation and/or recognition that may be granted”; not invalidate the status of being ML victims or violate the law’s provision on conclusive presumption of the class suit members and direct action plaintiffs who won their case in Hawaii,” said Enriquez.

“Are the HRVCB Chief and the Board parties to the delisting and disenfranchisement of 2,000-3,000 thousand ML victims? This is precisely why Selda members and other ML victims objected to Pres. BS Aquino’s appointment, as HRVCB chairperson, of a retired police general who was with the infamous Philippine Constabulary during martial law,” Enriquez added.

“Indicative proof of this is that the Board’s “Guide for non-HRVCB staff …,” advises that conclusively presumed claimants  “may submit … envelopes, letters, or photocopy of the checks signed by Robert Swift and other Hawaii Class Suit-related documents.”  This is tantamount to saying that the Aquino HRVCB approves of and will abide by Swift’s delisting of thousands of ML victims thus the use of Swift-issued documents, ” said Satur Ocampo.

SELDA thinks that the HRVCB is not exercising due diligence. In February this year, ML victims, led by former Bayan Muna Rep. Satur Ocampo, filed a petition asking the Supreme Court to nullify the appointment of PNP Gen. Lina Castillo-Sarmiento as chairperson of the Human Rights Victims Claims Board.

Reference:
Marie Hilao Enriquez
Chairperson
0917-5616800

Roneo “Jigs” Clamor
National Coordinator
0999-7721233

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on December 4, 1984, SELDA was initiated by newly-released political prisoners of the martial law period.  SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities.  SELDA advocates justice for current and former political prisoners.  It calls for the mobilisation of resources in support of political prisoners, former detainees and their families.  It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny.

SELDA National Office:
2/F, Erythrina Building
#1 Maaralin corner Matatag Streets,
Brgy. Central District, Diliman
Quezon City 1101, Philippines
Tel: 632-4347486
Fax: 632-4354146
Email: selda.phils@gmail.com, selda_phil@yahoo.com.ph
Web: www.seldapilipinas.wordpress.com

Farmworkers reject Hacienda Luisita application for special economic zone declaration

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AMBALA urges PEZA, DTI to junk Aquino kin application to declare disputed Hacienda Luisita land as special economic zone

The Philippine Economic Zone Authority (PEZA) should immediately rescind its 13 February 2014 approval of the application by the Cojuangco-Aquino-owned Luisita Realty Corporation (LRC) to declare as special economic zone a 260-hectare disputed agricultural land in Hacienda Luisita, a statement by the Alyansa ng Manggagawang Bukid sa Asyenda Luisita (AMBALA) said.

In a budget hearing yesterday at the House of Representatives, Anakpawis Rep. Fernando Hicap asked the Department of Trade and Industry secretary, Gregory Domingo, if he was aware that the said Luisita land that the Cojuangco-Aquinos are pushing to be transformed into a special economic zone are agricultural in nature and are in fact the subject of a Notice of Coverage (NOC) by the Department of Agrarian Reform.  The DTI secretary replied that he would ask PEZA, a government-owned and controlled corporation (GOCC) under his department, to look into the matter.

PEZA Deputy Director General Tereso Panga, for his part,  admitted that they were not aware that the said land is under agrarian dispute, but assured Hicap that while PEZA may have initially approved to process LRC’s application, the applicant would have to strictly comply with several requirements before the agency could come up with any recommendation.

AMBALA and the Unyon ng mga Manggagawa sa Agrikultura (UMA) already formally requested PEZA’s Director General Lilia de Lima on August 29 to rescind LRC’s application. PEZA has so far only acknowledged receiving the said request.

“The Cojuangco-Aquinos’ PEZA applicaton is the latest of their scheming attempts to once again exempt the Presidential clan from distributing a big portion of Hacienda Luisita to the farmers,” said AMBALA chairperson Florida Sibayan.

Luisita farmworkers, according to Sibayan, are especially wary that PEZA could directly become an instrument of the Cojuangco-Aquinos given that the agency is under the Office of the President and the fact that it is the president himself who signs the final order declaring an area a special economic zone.

Sibayan likewise  cautioned the Department of Agrarian Reform (DAR) from reversing its ruling on issuing out a Notice of Coverage (NOC) on the said disputed lands on December 17, 2013. This includes another 100 hectares of land in barangay Cutcut which are actually owned by Tarlac Development Corporation (TADECO), a sister company of LRC. TADECO appealed to DAR recently to reverse its December 17 ruling.

In the first place, according to Sibayan, DAR should have included the said properties in the land distribution ordered by the Supreme Court (SC) on April 24, 2012. The SC also ruled that DAR by its mandate must put under agrarian reform coverage all other Luisita agricultural lands owned by TADECO.

“DAR must not add insult to injury by withdrawing its NOC on the said disputed lands. Doing otherwise would only prove for the nth time how the haciendero president has long been in collusion with the DAR in its sham land distribution in Luisita.

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Source Verification:
Gi Estrada
UMA Media officer
+639166114181

Unyon ng mga Manggagawa sa Agrikultura
(Agricultural Workers Union)
Philippines
Follow UMA Pilipinas on Twitter

Stop harassment of rights defender Sherwin de Vera — Karapatan

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Stop harassment of human rights defenders!

http://www.karapatan.org/Stop+harassment+of+human+rights+defenders%21

“Leave our fellow human rights defender Sherwin de Vera alone!” Karapatan demanded from the Armed Forces of the Philippines (AFP) for threatening and harassing De Vera, former secretary general of Ilocos Human Rights Alliance (IHRA), a regional chapter of Karapatan. De Vera is the regional coordinator of Bayan Muna Partylist and a researcher-activist against large-scale and destructive mining in Ilocos, particularly of black sand mining corporations.

De Vera has been receiving text messages (SMS), as early as 2011, recruiting him to be an informant of the AFP and at the same time imputing on his so-called involvement in the underground movement.  AFP personnel are reportedly harassing even De Vera’s relatives.

On June 20, 2014, de Vera’s uncle Benjamin Pacris received a call from an unidentified number. When he answered, a male voice introduced himself as a member of a certain National Intelligence Service Agency (NISA). The caller wanted a personal meeting with Pacris, who in turn acceded to meet the man at the Provincial Capitol. The male caller came with a certain “Milo” and “Joey” who were members of “NISA”. Milo said he is in-charge of “NISA’s” operations in Ilocos Norte and Abra.

“Milo” and “Joey” asked about Sherwin de Vera and his activities, such as his involvement with the Communist Party of the Philippines (CPP), and with organizations opposed to the mining operations in the region. “Milo” convinced Pacris to arrange a meeting between him and De Vera, and provided a contact number.

On June 29, de Vera got messages (SMS) from “Larry” with cellphone number 09395919363. “Larry” offered De Vera P10, 000.00 a month for “monitoring work on sectoral organizations”. The offer may increase “depnde s cooperatn at level ng position” (depending on your cooperation and level of position).

In one of the messages sent by “Larry”, he implied that De Vera is a member of a “Party”, “Alam ko mlalim ng kamulatan mo s Partido, im nt attempting to break that, pagisipan mo lang offer ko” (I know your deep involvement in the Party, I am not attempting to break that, just think about my offer).  De Vera did not reply to this message and to the others that followed.

As early as February 2011, De Vera has been haunted with similar text messages: “kamusta kan kabsat? ASIDEG KAN” (How are you brother? YOU’RE NEAR); “Awagam amin nga santon! Kumpay ni patay umayen” (Call all the saints! The shadow of death is near.); and, “pagyamanam no makastrek ka pay no bigat” (Be thankful if you’ll be able to come to work tomorrow).

In 2010, while De Vera worked at the University of Northern Philippines, the military ordered the Campus Security Division (CSSD) Chief Nolito Ragunjan to monitor closely De Vera’s activities. As early as 2004, the AFP has labelled De Vera of being a member of the CPP-NPA when he was a researcher and community educator for Save the Abra River Movement.

“The AFP is not only recruiting Sherwin but also harassing and intimidating him. The intelligence group wants to tell Sherwin that he is being suspected as a member of the CPP and that he is under surveillance. This is a cause of alarm for human rights defenders, especially with the Aquino administration’s Oplan Bayanihan. Many of those who were victims of extrajudicial killings were once subjects of threat, harassment and red tagging,” Palabay said.

Karapatan said these threats and harassment should stop, as the organization also called for the passage of House Bill 1472 “Human Rights Defenders’ Protection Act of 2013” filed by Bayan Muna Reps. Neri Colmenares and Carlos Zarate, which seeks to recognize the role of human rights defenders and provide protection mechanisms especially to those who are at risk. This bill has been pending since 2013.

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

Angge Santos
Media Liaison
+63918-9790580

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PUBLIC INFORMATION DESK
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.

Immediately release political prisoner Benny Barid — SELDA

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Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) calls on the Department of Justice to immediately release political prisoner Benny Barid, 54, on humanitarian grounds. 

Barid was rushed to the New Bilibid Prisons (NBP) Hospital-Maximum Security due to chronic asthmatic bronchitis with emphysema.  Barid has been going in and out of the NBP hospital for his asthma attacks since 2010, because of unhealthy prison conditions. The asthma attacks became more frequent for lack of proper and adequate medical attention that has now worsened to chronic asthmatic bronchitis.

Barid cannot stand by himself. He has been on wheelchair and is very weak and thin. Fellow political prisoners are helping him for his medical needs. His further stay at the NBP Hospital made him more vulnerable to various communicable diseases.

There are now 504 political prisoners; and of the 504, 53 are with various ailments. Like Barid, they should be immediately released on humanitarian grounds. Several other ailing political prisoners died while in detention because of lack of proper medical attention, among them Crisanto Fat and Alison Alcantara.

A victim of trumped up charges, Barid was arrested in July 2006. He was accused of involvement in an alleged massacre that supposed to have happened in 2004 in Ilocos Norte. For this, he was sentenced with three counts of life imprisonment.

Prior to this, Barid’s child was hostaged by the military to force him to surrender.

Reference:
Jigs Clamor
national coordinator
+639175965859

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SELDA National Office:
2/F, Erythrina Building
#1 Maaralin corner Matatag Streets,
Brgy. Central District, Diliman
Quezon City 1101, Philippines
Tel: 632-4342837
Fax: 632-4354146
Email: selda.phils@gmail.com,
selda_phil@yahoo.com.ph
Web: www.seldapilipinas.wordpress.com

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on December 4, 1984, SELDA was initiated by newly-released political prisoners of the martial law period.  SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities.  SELDA advocates justice for current and former political prisoners.  It calls for the mobilisation of resources in support of political prisoners, former detainees and their families.  It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny.

Call for justice for victims of human rights violation in the Bicol Region

APPEAL FOR IMMEDIATE ACTION

Dear friends,

Please join us in our call for justice for victims of human rights violations in the provinces of Sorsogon and Albay in the Bicol region.

Farmer-leader identifies gunman

Every day, 42-year-old Edgardo Lopes delivered bread from their village bakery to different sari-sari (retail) stores in Barangay Mayon, Daraga town, Albay. Delivering bread augments his family’s income aside from coconut farming.

At past 5:00 a.m. of July 11, 2014, as was his morning routine, Lopes delivered bread around the village on his motorcycle. He went to one of his regular customers, a sari-sari (retail) store in Purok 2, Mayon village, but he left when the store was still closed.

Before Lopes drove his motorcycle away, an unidentified man onboard another motorcycle stopped near him. The man suddenly shot Lopes six times with a .45 caliber gun before speeding off.

A couple from the neighboring house witnessed the shooting. As soon as the gunman left, the neighbors rushed to the injured Lopes and shouted for help.

Lopes, though weak, was able to tell the neighbor, “Kilala ko. Army.” (I know the gunman. Army.). He also pleaded to be taken immediately to the hospital.

The store owner brought Lopes to the nearest hospital. At around 8:00 a.m. Lopes succumbed to his injuries and was declared dead by the doctors.

Edgardo Lopes is chapter president of Bicol Coconut Planters Association, Inc. (BCPAI) in Albay province, an affiliate of the Kilusang Magbubukid ng Pilipinas (KMP or Peasant Movement of the Philippines).

Family strafed in their home by military personnel

On May 23, 2014, at past 5:00 a.m Cynthia Garduque was making breakfast while her husband, Elias, was outside their house feeding chickens. Elias was carrying Eddie, his one year and seven months old son. Their daughter, “Edna” was in her cradle.

A volley of gunfire suddenly rang in the air. Cynthia immediately hid under the sink for cover. When the gunfire subsided, uniformed men from the 31st  Infantry Battalion and the 5th  Scout Ranger Company of the Philippine Army entered the Garduque house and pulled out Cynthia from under the sink. Outside their house, Cynthia saw her husband’s lifeless body, and their son bloodied but still alive.

Eddie’s thigh was shattered by bullets, while Cynthia sustained minor injuries near her shoulder and right feet.

While the soldiers gave Eddie first aid, Cynthia was interrogated.  Relatives, village officials and neighbors attempted to help the Garduques but were prevented by the soldiers. It was only in the afternoon of that day that Cynthia and young Eddie were taken to the hospital.

The Philippine Army reported that they were conducting combat operations against suspected New People’s Army near the Garduque’s residence. Accusing Cynthia and her husband Elias as NPA members, she is charged with illegal possession of explosives.

Cynthia Garduque is currently detained at the Sorsogon City District Jail with her son Eddie.

We call on friends and human rights advocates to send letters of concern calling for:

  1. Justice for the extrajudicial killing of Edgardo Lopes and Elias Garduque, and the frustrated killing of Cynthia Garduque and their child Eddie.
  2. The immediate release of Cynthia Garduque; and the dropping of the fabricated charges against her.
  3. The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into these incidents of human rights violations; and, to arrest and prosecute the perpetrators.
  4. The end to the implementation of Oplan Bayanihan, the BS Aquino government’s counterinsurgency program, that victimizes innocent and unarmed civilians.
  5. The Philippine Government to observe the Universal Declaration of Human Rights and all the major Human Rights instruments that it is a party and signatory to.

You may send your communications to the following agencies through mail, e-mail or fax:

H.E. Benigno C. Aquino III
President of the Republic
Malacañang Palace,
JP Laurel Street, San Miguel
Manila, Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
E-mail: op@president.gov.ph

Sec. Teresita Quintos-Deles
Presidential Adviser on the Peace Process
Office of the Presidential Adviser on the Peace Process (OPAPP)
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Fax:+63 (2) 638 2216
stqd.papp@opapp.gov.ph

Ret. Lt. Gen. Voltaire T. Gazmin
Secretary, Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue, Quezon City
Voice:+63(2) 911-6193 / 911-0488 / 982-5600
Fax:+63(2) 982-5600
Email: osnd@philonline.com, dnd.opla@gmail.com

Atty. Leila De Lima
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-1908
Trunkline  523-84-81 loc.211/214
Fax: (+632) 523-9548
Email:  lmdelima@doj.gov.ph,
lmdelima.doj@gmail.com,
lmdelima.doj2@gmail.com

Hon.  Loretta Ann P. Rosales
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Voice: (+632) 928-5655, 926-6188
Fax: (+632) 929 0102
Email:   chair.rosales.chr@gmail.com, lorettann@gmail.com

Please send us a copy of your email/mail/fax to the above-named government officials, to our address below.

URGENT ACTION Prepared by:

KARAPATAN
Alliance for the Advancement of People’s Rights
2nd Floor Erythrina Building
#1 Maaralin corner Matatag Streets
Central District Diliman, Quezon City
PHILIPPINES 1101   
Telefax: (+63 2) 4354146
Email: karapatan@karapatan.org | urgentaction@karapatan.org
Web: http://www.karapatan.org