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Farmworkers picket Cojuangco offices, demand end to reign of terror and impunity in Hacienda Luisita

About a hundred farm workers from Hacienda Luisita belonging to the Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (AMBALA, Alliance of Farm Workers in Hacienda Luisita) trooped to Makati City this morning and held a picket in front of the Jose Cojuangco & Sons building, condemning what they alleged are the alarmingly escalating attacks against their rights and livelihood by the Cojuangco-Aquino-owned Tarlac Development Corporation (TADECO).

TADECO is staking claim over at least 400 hectares of agricultural land in the villages of Balete and Cutcut. “With the complicity of the Department of Agrarian Reform (DAR) and the local police forces and courts in Tarlac,” said AMBALA acting chairperson Florida Sibayan, “TADECO and the Cojuangcos have been able to destroy our crops, imprison our members, and practically set in motion a grand plan to totally evict us from our villages.”

Last  December, barely a week before Christmas, armed TADECO guards and elements of the Tarlac PNP were reported to have literally bulldozed their way into the ricefields of Balete, precipitating tension in the village which led to the arrest and, according to AMBALA, the torture of five farm workers.

An almost similar incident transpired on 16 September 2013, when 11 members of a fact finding mission, including land reform advocate Anakpawis Representative Fernando Hicap, who were trying to look into reports of TADECO’s land-grabbing activities as well as of the circumvention of the Departnment of Agrarian Reform itself of the land distribution process in the hacienda, were arrested and detained for three days by the Tarlac PNP (Philippine National Police) upon the alleged orders of the Cojuangco-Aquinos.

According to Sibayan, AMBALA’s Makati contingent could have been bigger if not for the need to constantly keep a large intact segment of their ranks in the hacienda in anticipation of another series of violent attacks by the TADECO guards and the police. Farm workers in Barangay (village) Cutcut, for example, have been standing vigil in their fields for almost two weeks now.

“The tension in Hacienda Luisita is escalating,” said Ranmil Echanis, secretary general of the Unyon ng mga Manggagawa sa Agrikultura (Agricultural Workers Union). “If real land distribution is not carried out and if militarization in the area continues, we just might see a situation not unlike the period which led to the tragic Hacienda Luisita Massacre of 2004.”

TADECO started aggressively positioning itself in the disputed lands sometime last August — coinciding with the DAR’s earliest announcements of the imminent completion of land distribution in Hacienda Luisita — when it ordered the setting up of guard posts in Barangays Balete and Cutcut and issued eviction notices to a number of farmers who have long been tilling the said lands. Currently there are at least a hundred Cutcut and Balete residents who, as consequence of their refusal to comply with the said notices, have been charged in court of unlawful detainer by TADECO.

“All these point to the fact that what we have right now in Hacienda, to complement the sham land distribution of the DAR, is a reign of terror and impunity,” Sibayan said.  “All these have been made possible because it is the Cojuangco-Aquinos who rule in Tarlac. It is them in fact, through Benigno Cojuangco Aquino, who rule in the Philippines,” she added.

The protesters brought with them several scarecrows which they set up along Dela Rosa Street to symbolize their commitment to ward off the reign of impunity and terror in Hacienda Luisita. The Luisita farm workers in Metro Manila are set to join a delegation of hundreds of other farmers form Central Luzon and Southern Tagalog to attend this year’s commemoration of the 27th year of the infamous Mendiola Massacre on January 22 at Mendiola.

REFERENCE:
Florida “Pong” Sibayan
acting- Chairperson, AMBALA
CONTACT NO: +639293201477

One year after Tubbataha Reefs disaster, groups demand action from Aquino government

By National Union of Peoples’ Lawyers (NUPL)

“Just where does the buck really stop?” — NUPL

Environmental, academic and religious groups today pressed the Supreme Court to immediately issue a protection order for the Tubbataha reefs, one of the reliefs afforded by a writ of kalikasan.

One year after the grounding of the USS Guardian off the coast of Palawan, the groups lamented the lack of action, political will, and foresight by the Philippine government.

In April last year, civil society groups and concerned citizens led by Puerto Princesa bishop Rev. Pedro Arigo filed a petition for a writ of kalikasan before the Supreme Court. The petition urged the Philippine government to stop all activities — including salvaging and clean-up efforts — in the area pending a comprehensive study of how these would impact the biodiversity of Tubbataha.

The petitioners today trooped to the Supreme Court to file a third motion for a temporary environmental protection order. “Typical of the BS Aquino administration, it has been purposely slow and infuriatingly biased as it concentrates on politicking rather than deciding for the good of the people. We are seeking relief from the judiciary where the executive has defaulted. Where does the buck really stop?,” said Atty. Edre U. Olalia, secretary general of the National Union of Peoples’ Lawyers (NUPL), co-counsel for the petitioners.

“The failure of this government to address and correct this appalling offense is not only a high act of indolence, but also an international ignominy. The Tubbataha reef is an important environmental area, which is precisely why it has been declared protected. We have declarations, laws, and regulations that are all for naught as the Philippine government sits on our rights,” said Atty. Olalia.

He reiterated that Republic Act No. 10067, or the “Tubbataha Reefs Natural Park (TRNP) Act of 2009”, along with international precedents demand that the government apply a more prudent and long-term plan to rehabilitate the reefs. The government should have dispatched a team of experts and conducted consultations with affected local government units. Total reparations should also be at US$16.8 up to US$27 million, instead of the PhP58 million or about US$1.29 million offered by the US government.

According to confirmed reports, the Philippine government has not even made a single claim yet. Lead counsel Atty. Edsel F. Tupaz said, “Is the refusal to make a claim against the United States of America a political act immune from the rule of law? If the USS Guardian had itself grounded in American waters, the United States of America will be liable under every one of its own laws, state and federal alike.”

The lawyers also harped on the continued presence of US troops sanctioned by the Visiting Forces Agreement (VFA).

“To date, the armed forces of the United States of America are allowed by the Republic of the Philippines to make use of its ports for sundry ‘port calls’. Suppose our courts of law choose to dismiss the people’s claims, suppose our courts dismiss suits of this magnitude and whose damage is admitted by no less than the US. What then will be one’s assurance that the same or similar negligence will not be bargained away by political whims?”, said Atty. Tupaz.

“The Visiting Forces Agreement has been a thorny legal issue especially for Philippine sovereignty. The Subic rape case to the Tubbataha disaster are but two of the ugly sides of subservience to foreign interests. The Tubbataha incident cuts across generations and politics. It is the concern of all. When can we really assert our national sovereignty, let alone our basic dignity as a people against a supercilious bully superpower who despoils our land, sea and air like a roving band of pirates answerable to no one?”, said Atty. Olalia.

Reference:
Atty. Edre U. Olalia
NUPL Secretary General
+639175113373
————————————————–

National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3rd Floor Erythrina Building
Maaralin corner Matatag Streets
Central District, Quezon City
Philippines
Telefax no.920-6660

Email addresses: nupl2007@gmail.com and nuplphilippines@yahoo.com
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Visit the NUPL website at http://www.nupl.net/

URGENT APPEAL: Release Eduardo Sarmiento NOW!

Dear friends and colleagues,

Greetings of peace!

On 11 December 2013, Eduardo Sarmiento, a consultant of the National Democratic Front of the Philippines (NDFP) in the peace process with the Government of the Republic of the Philippines (GPH), was sentenced to 20 to 40 years imprisonment by Judge Myra Bayot Quiambao of the Muntinlupa Regional Trial Court (RTC) Branch 203, on the basis of a trumped up criminal charge of illegal possession of firearms and explosives. Lawyers of Sarmiento are challenging the conviction, through a motion for reconsideration filed before the local court, and have also sought, for the second time, for the judge to inhibit herself from the case. These pleas are expected to be heard on Friday, 17 January 2014.

His arrest and detention is based on allegations of fabricated charges of arson, multiple murder and multiple frustrated murder filed against him in the courts of Samar, and of illegal possession of firearms and explosives in Muntinlupa. All the charges in Samar have been dismissed due to lack of evidence.

Sarmiento was serving as the NDFP consultant representing the Eastern Visayas Region in the peace negotiations with the GPH since 1986. Prior to the imposition of Martial Law, he was an active member of the KM (Kabataang Makabayan or Patriotic Youth) while studying at the University of Eastern Philippines in Northern Samar. He was imprisoned twice by the Martial Law regime because of his political beliefs. In his third year in college as an AB Political Science major, he decided to work full-time with the national democratic movement. Despite the perils of state repression that continued under the Corazon Aquino administration, when killings of activists and revolutionary leaders commenced, he represented the NDFP in various public fora and negotiations in Eastern Visayas as spokesperson, and representative of the NDFP in the local peace talks with the GPH. Sarmiento hails from Catarman, Northern Samar, a province located in the poorest region in the Philippines.

In February 2009, Sarmiento went to Metro Manila to participate in peace negotiations, when he was arrested by the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP). Sarmiento was blindfolded, forced to go inside a van, and was taken to an undisclosed location for interrogation and torture for 24 hours before being taken to the Southern Police District Jail. It was only then when he knew of the charges against him. The arresting police officers claimed to have found a grenade in his bag, a claim being disputed by Sarmiento and his lawyer. The grenade, they allege, was planted evidence, as the police did not follow required chain of custody of evidence procedure, and did not document the grenade in the presence of Sarmiento or his counsel. Police testimonies during the court hearings indicate several irregularities regarding documentation of the supposed evidence. Sarmiento said that he was not carrying a grenade and that the first time that he saw the grenade was during his court trial.

Lawyers of Sarmiento are set to argue for the motion for reconsideration on his conviction on the basis that the court committed serious errors in its December 2013 judgement, particularly on insufficient proof of his guilt beyond reasonable doubt, several gross irregularities in the chain of custody of the evidence presented, and the highly questionable performance of duties of the arresting officers.

Sarmiento’s lawyers are also asking for the judge to voluntarily withdraw from the case. In 2009, the judge was a Senior State Solicitor at the Office of the Solicitor General, and she was part of “Task Force Rebellion,”a team of the GPH to review the cases of NDFP consultants in the peace process. Given her previous involvement on the part of the GPH, there are serious questions regarding her objectivity and impartiality to the case. Sarmiento’s lawyers are asking that the judge voluntarily withdraw from the case so that another judge can review the judgement.

Sarmiento is on his fifth year of detention in Camp Crame, where he continues to conduct education work among fellow prisoners on their rights to fair and humane treatment inside jail, on various issues being confronted by the Filipino people, including the latest developments on the issue of pork barrel and corrupt practices of government officials, as well as the incompetence of the Aquino administration on the relief and rehabilitation for typhoon victims in the region where he hailed from.

Sarmiento is also a cultural worker, who uses various art forms to express the views of the people’s movement on various issues. Since his elementary days, it has been his passion to draw, but it was only in prison where he first attempted to write poems and paint. Except for his regular contribution of poems drawings to LARAB (Flame), the underground revolutionary news magazine in Eastern Visayas, he has not pursued painting or other art work outside of prison, due to other work priorities in the movement. Before his current detention, his last painting was in 1975—in a Lapu-lapu, Cebu prison camp. Since his arrest in 2007, he has written poems, children’s stories, and song lyrics. He has also made several paintings, the latest batch of his paintings were exhibited together with fellow political prisoner Alan Jazmines’ work.

Karapatan views the case of Eduardo Sarmiento as a case that illustrates the injustices being suffered by all political prisoners in the country — rights violations which are being perpetuated by the Benigno S. Aquino administration through the counter-insurgency program Oplan Bayanihan (Operational Plan Shoulder-to-Shoulder). At present, 449 political prisoners – 154 of them illegally arrested and detained under the current administration – remain imprisoned.

Aside from the injustices he suffered during his illegal arrest and detention, Sarmiento, as an NDFP consultant in the peace negotiations, is covered by the Joint Agreement on Safety and Immunity Guarantees (JASIG) signed on 24 February 1995 by the GPH and the NDFP. The JASIG provides that consultants and negotiators in the peace process are guaranteed free passage in the country and should have immunity from surveillance, harassment, search, arrest, detention, prosecution and interrogation due to their involvement or participation in the peace negotiations. Sarmiento was listed as a peace consultant in the 2001 JASIG list and should not have been arrested nor convicted under this agreement.

Sarmiento’s case is another clear indication that the Aquino administration is blocking all roads towards peace and is in fact exacerbating poverty, repression, plunder of the country’s resources, and violations on our sovereignty, and miserably failing to fully resolve the root causes of the armed conflict. It has failed to demonstrate good faith and sincerity in respecting and implementing agreements and commitments to the NDFP-GPH peace negotiations, including its commitment to release most, if not all, detained peace consultants. It has continued the malicious practice of prosecuting NDFP consultants in the peace negotiations on trumped up charges, and have denied justice for the peace consultants arrested, detained, killed, and disappeared during the past regime. Through Oplan Bayanihan, it has spawned killings and other human rights violations.

We appeal to our fellow human rights advocates all over the world to issue public statements and communicate with Philippine authorities to press for the immediate release of Sarmiento and all political prisoners. We enjoin you to demand that the Philippine government stop its repressive policy of filing trumped up charges against political activists and peace workers, and its counter-insurgency program Oplan Bayanihan. We call on you to appeal for the resumption of the peace negotiations between the GPH and NDFP. Attached is a template letter for Philippine authorities, which can be used for communicating your support for this appeal, and a picture of Sarmiento. You can also view his artworks through the following links:

https://www.facebook.com/GUOAmnesty

and through
https://www.facebook.com/pages/Free-Eduardo-Sarmiento-Free-All-Political-Prisoners/177680612252968.

Thank you very much.

In solidarity,

(Sgd) Cristina Palabay
Secretary General, Karapatan

Download template Letter of Appeal for authorities of the government of the Republic of the Philippines

Yolanda: Stories of Challenges and Survival

By Kilab Multimedia

Balsa Mindanao (Help Mindanao) and other support groups conducted a Mindanao Relief Caravan Outreach last November 21-26, 2013 in major affected areas of super typhoon Yolanda in the Visayas Region.

This video documentary depicts the stories of survival and challenges of the thousands of people who are determined to rise again and move forward despite their miserable experiences brought by the Typhoon Yolanda.

Second wave Mindanao Caravan Relief Outreach

By BALSA Mindanao Alang sa Kabisay-an

Dear Friends and Partners,

Two months after Yolanda (Haiyan)— the world’s strongest typhoon– hit the Visayas on 8 November 2013, the humanitarian needs of survivors remains tremendous and urgent.

The number of dead and missing are nearing the 10,000 mark, as originally projected by the local authorities, making Yolanda the country’s worst-ever calamity in terms of human toll, damage to agriculture and the environment, and adverse impact on the overall economy.

The statistics remain staggering: more than 16 million are affected, more than 4 million have been displaced, there are 1,316 evacuation centers, about 95,270 pregnant and 190,540 lactating women need specialized services, and 2.5 million people need food assistance (UN OCHA Situation Report No. 85/January 7, 2014).

Balsa Mindanao continues its call for people’s mobilization for disaster response to heed the urgent needs of our fellow Filipinos in the Visayas.  We have launched relief, medical, and psycho-social intervention services since November and December which benefited a total of 30,000 families.

The 2nd Wave Relief Outreach will be conducted by regions in Mindanao going to Leyte via Lipata, Surigao City, with the following schedules:

January 20-25
Balsa Mindanao Secretariat with Balsa Western Mindanao and Sisters’ Association in Mindanao (SAMIN)

January 27-31
Balsa Northern Mindanao

February 1st Week
Balsa Southern Mindanao with Balsa SOCSKSARGEN

February (to be announced)
Balsa Caraga

The situation in the areas is transitioning from the relief phase into the humanitarian phase (even as the first phase—retrieval of bodies—is still being undertaken by the government until now).

For our 2nd wave mission, we are partnering with specific communities in Leyte province, helping them with organizing and empowerment through livelihood projects, health campaigns, food production, sustainable agriculture, and reforestation through an initial period of 6 months. We are hoping to benefit another 30,000 families for the 2nd Wave Relief Outreach.

We are making an appeal to all individuals and organizations to intensify our support to Typhoon Yolanda Survivors as they now make firmer steps towards rehabilitation. Our salute to their resilience is made concrete with pledges of support to their self-help and organizing efforts.  This is our way of ensuring that Yolanda will not be another forgotten crisis.

Please see the lists below to be able to determine how you can help and volunteer.

For inquiries and pledges, please email us at balsamindanao@gmail.com or contact Sr. Noemi 09294463684/Cecil 09122178625 or Tel. +63 082 2973610.

Thank you.

Respectfully yours,

BISHOP MELZAR LABUNTOG
Chairperson

SR. NOEMI P. DEGALA, SMSM
Board Member


January 20-25, 2014 Mission

For the January 20-25, we specifically ask resources for:

  • Relief Packs. Per Pack: 5 kilos rice, ½ kilo drief fish, ½ kilo monggo beans
  • Shelter Assistance Package. Per Package: 1 kilo 4-inch nails, 1/2 kilo umbrella roof nails, 3 GI sheets
  • Volunteer for: Relief/Rehab, Medical Mission, Psychosocial, Documentation/Advocacy. We ask each volunteer to help cover travel costs (except for Samin Members):
    PhP 200/student volunteer
    PhP 500/professional volunteer

Assembly time: 4am January 20, Davao City

Please contact the secretariat for confirmation and for any changes.

Components

As we do the transition from relief to rehabilitation, we shall be providing the following services in the 2nd Wave:

  • Relief operations
  • Medical missions
  • Psychosocial Intervention
  • Shelter assistance
  • Organizing of Survivors

Pledges for Rehabilitation

We ask our friends and partners to donate:

  • Cash
  • GI Sheets/Roofing materials
  • Hardware tools
  • Rice
  • Construction materials
  • Farming tools
  • Dried fish
  • Motorized Banca (Boats)
  • School supplies
  • Medicines
  • Livestock Raising
  • Padyak tricycles
  • Capitalization for small economic enterprises and ambulant vendors
  • Seeds/Seedlings (i.e. Vegetables, Organic Rice/Corn, Fruit Trees)

*This list is not exhaustive

**All rehabilitation assistance will be coursed through and managed by survivors’ organizations

Cash donations may be deposited to:

BALSA MINDANAO, Inc.
Bank Name: Bank of the Philippine Islands (BPI)
Bank Address: BPI Davao City, MacArthur Hi-way Branch
SWIFT Code: BOPIPHMM
Account Number: 2143173421

Balsa Mindanao Dropping Centers

Mindanao-wide
Kalinaw Center for Interfaith Resources
13 Francisco Avenue, Juna Subdivision, Matina
8000 Davao City PHILIPPINES
Tel +63 082 2973610/ Fax +63 082 2994964
balsamindanao@gmail.com
balsamindanao.net

Southern Mindanao
Balsa Southern Mindanao
UCCP Haran House
Fr. Selga St., Madapo Hills, Davao City
Tel No: (082) 222-1337

Northern Mindanao
Tabang Mindanao Center
12th-22nd Streets, Barangay Nazareth
Cagayan de Oro City
Tel. No: (088) 856-6413

Balsa Bukidnon
4000 Nesor Camilotes Residence
Purok 16, Poblacion, Valencia City
Bukidnon
Mobile No. 09261769688 (Maya)

Caraga Region
Women’s Resource Center
Tuazon Subdivision, Brgy Luna
Surigao City

SOCSKSARGENDS
BALSA Socsksargends
Part 1, Sitio Toning, Lagao
General Santos City
Mobile No. 09469166462 (Ryan)

Western Mindanao
Iglesia Filipina Independiente
Diocese of Pagadian
Gatas Street, Pagadian City

www.balsamindanao.net