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Aerial bombardments in a Trento village, Agusan del Sur force civilians to evacuate; wounded 16-year-old boy branded as NPA child rebel

ICHRP Secretariat
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Aerial bombardments in a Trento village, Agusan del Sur force civilians to evacuate; wounded 16-year-old boy branded as NPA child rebel

UA No: 2012-05-02
UA Case                                 :
Forcible evacuation; arbitrary arrest and detention; threat, harassment or intimidation; fake surrender; Indiscriminate firing, bombing or shelling; violation of children’s rights to protection

Victim/s                                  :
Of forcible evacuation; threat, harassment or intimidation

·         83 families (397 individuals), all are residents of Barangay (village) New Visayas, Trento municipality, Agusan del Sur province

Arbitrary arrest and detention; violation of children’s rights; fake surrender and branding as New People’s Army child warrior:
·         “JESSIE,” 16 years old, male; member of Young People Sector, First Christian Ministry

Arbitrary arrest and detention; with violation of children’s rights:

·         “Mimi,” 16 years old, female, younger sister of Jessie; member of Young People Sector, First Christian Ministry

·         Caridad Malimbasao, 55 years old, female, married, farmer, member of First Christian Ministry

Threat, harassment or intimidation

·         Melchor Malimbasao, 54 years old, male, married to Caridad, farmer;   member of Upper New Visayas Organic Farmers Association (UNVOFA), a member organization of Trento Farmers’ Association (TFA) and affiliated with Kilusang Magbubukid ng Pilipinas (KMP or Peasant Movement of the Philippines)

Place of Incident                 :
New Visayas village, Trento town, Agusan del Sur province

Date of Incident                   :
May 7, 2012 to present

Alleged Perpetrator(s)       :
Some 60 combined elements of the 25th Infantry Battalion (10th Infantry Division) under the command of Lt. Col. Cesar Molina, and 75th Infantry Battalion (4th Infantry Division) under the command of Lt. Col. Reuben Agarcio.

The 4th and 10th IDPA is headed by Eastern Mindanao Command lead by Lt. Gen. Jorge Segovia.

Branding of child/minor as NPA: Maj. Eugenio Osias IV and Maj. Gen. Victor Felix, spokesperson and commanding officer, respectively, of the 4th ID

Account of the Incident:

On the morning of May 7, 2012, residents of Purok 5, Sitio (zone) Upper New Visayas, village of New Visayas were preparing for their annual community festival on May 13 despite the presence of about 60 army troops of the 25th Infantry Battalion (under the command of the 10th Infantry Division), Philippine Army which, arrived on May 4.  The soldiers were geared for heavy combat operations. The village of New Visayas, Municipality of Trento, Agusan del Sur province, is among the communities that has mineral exploration activities by the Monkayo Consolidated Mining Corporation headed by Monkayo municipal mayor Junjun Brillantes’ wife, and funded by Taiwanese-owned Yinyi Phil Investment Holding Group, Inc, and Philsaga Mining Corporation.

Farmer Melchor Malimbasao, 54, together with his fellow zone residents, was tasked to construct a makeshift hut for the festival. At around 7:00am, Melchor instructed his 16 year old son, Jessie, to gather wood materials for the hut from the forested area about 300 meters away from their home. An hour later, a volley of gunfire was heard coming from the direction of the forested area, close to where Jessie went. It was reported that some 60 combined elements of the 25th IB and 75th IB (under the command of the 4th Infantry Division) were in a fire fight with suspected members of the New People’s Army (NPA).

Fearing for their lives, the residents of Sitio Upper New Visayas evacuated their homes and sought refuge at the New Visayas village hall. Melchor wanted to go to the forest to fetch his son, but could not due to the shooting which, lasted for two hours. Together with the rest of his family, Melchor evacuated and hoped that his son will safely run to the evacuation center.

At past 1:00pm, a military helicopter and fighterplane arrived and dropped at least seven bombs near the community.

A total of 83 families or 397 individuals including children, evacuated in the baranggay halls of New Visayas and Pulang Lupa villages. Jessie’s family kept looking for him at the evacuation center but he did not arrive until the following day.

Some members of the 75th IB also arrived at the evacuation centers. Reports indicate that a number of community leaders were harassed by soldiers. Soldiers were also present as employees of the Department of Social Welfare and Development (DSWD) distributed relief packs to the evacuees. A woman who gave birth a month before reported to have suffered bleeding in the course of the evacuation.

On May 8, Melchor continued his search for his son. Together a team from Exodus for Justice and Peace (EJP) and some community leaders, he went to the Municipal office to the seek assistance of Trento mayor Johnmark Billanes.

Meanwhile, Jessie arrived at the evacuation center in his village with a wound in his left thigh. His mother Caridad and 16-year-old sister “Mimi” was going to bring Jessie to the hospital when members of the 75th IB arrested him. The soldiers said that they will take Jessie to the hospital. Caridad and “Mimi” did not leave Jessie and accompanied him onboard a military truck with the soldiers.

A soldier told Caridad that Jessie will be brought to Patin-ay in San Francisco town, but was instead brought to the district hospital in Bunawan town, some 17 km from Trento. At around 8:00pm, Jessie was brought to Patin-ay village, Prospero town.

At dawn of May 9, Jessie was transferred to Butuan Emergency Hospital. At around 8:00 a.m., Jessie was brought to the headquarters of the 4th ID at Camp Evangelista, Cagayan de Oro City in the province of  Misamis Oriental. He was brought in Cagayan de Oro purportedly to be provided with free medical treatment by the military. His mother and sister were also brought to the Camp. They were not allowed to go out and were forbidden by soldiers to seek assistance from Karapatan. Caridad and “Mimi”’s cellphones were also closely monitored by the soldiers.

Meanwhile, the evacuees had returned to their homes. Some residents however reported that their homes were ransacked and their properties stolen.

On May 10, military spokesperson Maj. Eugenio Osias IV and commanding officer Maj. Gen. Victor Felix, both of the 4th ID, declared Jessie as an NPA child warrior wounded in a combat operation carried out by the 4th and 10th IDs at the boundaries of Compostela Valley and Agusan del Sur provinces. The military, in a statement said that Jessie surrendered to the military camp in Bislig City.

As of this writing, Jessie is still in the custody of the 4th ID. His father, Melchor, denies that Jessie is an NPA child warrior and has filed a petition for writ of habeas corpus for his son.

Other related incidents:

Karapatan has documented similar cases of human rights violations under Pres. Benigno Aquino III’s administration, such as the following:

·               Soldiers of the 57th IBPA forcibly entered farmer Ramon Batoy’s house in Arakan, North Cotabato; and accused him of being an NPA on October 22, 2011. Batoy denied the allegations and resisted the military’s attempts to arrest him by fighting back with the use of a bolo.  One of the soldiers shot Batoy while his wife and children escaped for their lives.  One of the soldiers strapped a rifle on Batoy and then took pictures of him with the rifle. Batoy’s brother Roger Batoy, and neighbor Noli Badol were also mauled and arbitrarily arrested by soldiers.

·               On February 16, 2012, four individuals, two of them minors, were hunting for wild animals in the forests of Magdalena, Laguna when they were fired at by members of the Special Action Unit of the AFP and 1st IBPA. Jaycee Perez, 31 and Christian Roy Noceto, 15, were immediately killed. The other two, Francis Abanilla, 18 and Gino Banez, 15, survived but were injured. The military labelled the victims as NPAs.

·               Almost a thousand residents, many of them Mamanwa indigenous peoples, were forced to evacuate from their homes in early March 2012. Two military fighter planes dropped bombs near Ansili and Zapanta sub-villages in Kitcharao municipality, province of Agusan del Norte.

Recommended Action:
Send letters, emails or fax messages calling for:

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 the the aerial bombardment near the community of  New Visayas village, Trento, Agusan del Sur, the wounding and arbitrary detention of Jessie, and the arbitrary detention of his mother and sister.
The immediate release of Jessie from military custody.
The military to stop the labeling and targeting of civilians “enemies of the state” and the branding of children as “child warriors”
The Philippine Government to withdraw its counterinsurgency program Oplan Bayanihan, which victimizes innnocent and unarmed civilians.
The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments’ provisions.
You may send your communications to:

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

Sec. Teresita Quintos-Deles
Presidential Adviser on the Peace Process
Office of the Presidential Adviser on the Peace Process
7th Floor Agustin Building I
Emerald Avenue, Pasig City 1605
Voice:+63 (2) 636 0701 to 066; Fax:+63 (2) 638 2216
osec@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) 911-9281 / 911-0488; Fax:+63(2) 911 6213
Email: osnd@philonline.com

Atty. Leila De Lima
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-8344; 5213721
Trunkline  523-84-81 loc.214
Fax: (+632) 521-1614
Email:  soj@doj.gov.ph

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

URGENT ACTION ALERT Prepared by:
KARAPATAN Alliance for the Advancement of People’s Rights

Belying Armed Forces of the Philippines’ zero credibility on ‘zero rights violations’, Karapatan to submit complaints on forced evacuation and continued Extra Judicial Killing to the United Nations Human Rights Council

ICHRP Secretariat
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Belying Armed Forces of the Philippines’ zero credibility on ‘zero rights violations’, Karapatan to submit complaints on forced evacuation and continued Extra Judicial Killing to the United Nations Human Rights Council

Karapatan Public Info Desk,  Press Statement, May 19  2012 – A few days before the Government of the Republic of the Philippines (GPH) undergoes the 2nd cycle of the Universal Periodic Review (UPR) at the UN Human Rights Council (UNHRC), Karapatan said that it will bring to the attention of the United Nations Human Rights Council the recent cases of forced evacuation and the continuing cases of extrajudicial killings (EJK) in the Philippines, under the Noynoy Aquino government. The complaints will be submitted through the respective Special Rapporteurs on the Human Rights of Internally Displaced Persons and on Extrajudicial, Summary or Arbitrary Executions.

According to Cristina Palabay, Karapatan spokesperson, “we would specifically bring up the recent cases of forcible evacuation, indiscriminate firing, threats and intimidation and other rights violations that happened in the course of intense military operations in Bukidnon province, CARAGA region, and other provinces in the Philippines. The military operations are believed to be the government’s practices of clearing up the areas for, and silencing the people’s opposition against, large-scale corporate mining operations and the construction of a mega-dam project for the consumption of foreign owned corporations.”

Karapatan documented some almost 4,000 individuals who left their homes from August 2010 to October 2011 due to coercion and harassment of security forces. During the first quarter of 2012, some 6,500 individuals forcibly evacuated from their communities and sought temporary shelter elsewhere due to bombings and indiscriminate firing by soldiers who likewise occupied their villages and camped in village halls, day care and health centers and schools.

The continuing extrajudicial killing will also be brought out as a major concern in the complaint. Among the cases that will be highlighted is the killing of indigenous chieftain, Jimmy Liguyon, who was killed on March 5. In its individual report submitted for the Universal Periodic Review of the GPH, the group stated that there are 60 victims of EJKs (from July 2010 to October 2011) while military operations in the rural areas have resulted to “the torture, illegal arrests and detention, harassment and intimidation, closing down of NGO-supported schools and literacy programs, indiscriminate firing resulting to injury and death and forced evacuation of individuals.”

(For the full text of Karapatan’s Individual Submission for the UPR, please refer to this link: http://karapatan.org/Karapatan+Submission+UPR)

Palabay said that “the AFP has zero credibility especially in terms of human rights protection and realization. Its claim that its units have not been involved in any case of human rights violations is sheer lie that stems from Noynoy Aquino’s attempt to deodorize the brutality of its counterinsurgency program, Oplan Bayanihan and disassociate this from the bloody Oplan Bantay Laya of Gloria Macapagal-Arroyo. The increasing number of cases and victims of rights violations committed with impunity are proofs that contradict the government’s claim.”

Palabay and Karapatan chairperson Marie Hilao Enriquez are members of the Philippine UPR watch delegation, who are slated to monitor and conduct activities in time for the UPR of the Philippines on May 29 at the UNHRC in Geneva, Switzerland.

Reference: Cristina Palabay, Spokesperson, +63917-5003879, Angge Santos, Media Liaison, +63918-9790580

Stop the killings in the Philippines!
End Impunity Now!
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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 Bldg., #1 Maaralin corner Matatag Sts., 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.

Philippine report to UN: no improvement in economic rights situation in PH

ICHRP Secretariat
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Philippine report to UN: no improvement in economic rights situation in PH

MEDIA RELEASE, 18 May 2012 – The economic rights situation in the country has continued to deteriorate since the United Nations Human Rights Council (UNHRC) conducted its rights review on the Philippines in 2008.

The official government report for the Universal Periodic Review (UPR) admits as much in evidently being unable to give any data on improvements in the economic and social conditions of Filipinos. The report instead only mentions recycled policies and programs which is alarming because these are what cause the problem to begin with, according to research group IBON.

IBON, which submitted an alternative report to the UPR together with other rights groups, said that the recent economic growth has been relatively fast historically but has been exclusionary. The benefits have been going to a few big business-dominated sectors of the economy such as electronics export, business process outsourcing, oil, power, water and mining. Moreover, it is not producing decent livelihood for the largest part of the population, said IBON.

The group added that the rising number of poor Filipinos has been obscured by lowering the official poverty line. Hunger and malnourishment, however, are unambiguously worsening. Inequality is at least as severe as in the 1980s and, as it is, the income of the top 1% of families is as much as that of the bottom 30% of households, IBON noted.

The number of jobless Filipinos continues to rise every year and 2001-2010 is already the worst decade of recorded unemployment in the country’s history, aside from millions more in poor quality work. Workers suffer wages that have been flat in real terms for a decade now, said IBON. Meanwhile, the equivalent of one-fourth of the country’s labor force has had to go abroad to find work.

The national government moreover is not channelling enough resources to address backlogs in education, health and housing. According to IBON, spending on these as a share of gross domestic product (GDP) has continued to drop. In health for instance, falling government spending on health is resulting in rising out-of-pocket spending which belies claims of Universal Health Care (UHC). Infant mortality is improving but it is still high compared to the country’s Asian neighbors. Yet mortality rates for the poorest are many times that of those at the highest income levels.

Millions of the country’s poorest and most vulnerable are effectively beyond public social insurance or safety nets. The conditional cash transfer (CCT) and other social protection programs only provide short-term and partial relief for selected poor families.

According to IBON, the situation has not improved amid unreformed government policies. Development policies in the country, including the Philippine Development Plan (2011-2016) continue to rely on foreign investment, exports, debt and the free market. The group, however, stressed that taking steps in building the domestic economy and ensuring social welfare through responsible state intervention will address mass poverty, joblessness and forced migration. #

IBON Foundation, Inc., IBON Center 114 Timog Avenue, Quezon City Philippines
Phone:  (632) 927-6986/927-7060 to 62|Fax: 929-2496| E-mail: media@ibon.org
|http://www.ibon.org

IBON Foundation, Inc. is an independent development institution established in 1978 that provides research, education, publications, information work and advocacy support on socioeconomic issues.

Groups score PH rights report to UN: All rhetoric, no real gains

ICHRP Secretariat
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Groups score PH rights report to UN: All rhetoric, no real gains

PRESS RELEASE, May 18, 2012 – On May 29 this year, the Philippine government’s human rights record will come under scrutiny by member states of the United Nations Human Rights Council. While the Philippine government paints a picture of an improved human rights situation in the country, Philippine human rights groups are saying otherwise. And rights advocates are going to Geneva, Switzerland to present their case before the international community.

Philippine UPR Watch, a network of human rights, faith-based and people’s organizations engaging in the Universal Periodic Review process of the United Nations Human Rights Council (UNHRC), today said that “despite government human rights rhetoric, extrajudicial killings continue unabated and abject poverty has been increasingly pronounced since the last review cycle of the Philippines in 2008.”

In a press conference prior to the departure of the Phil. UPR Watch delegation for the United Nations in Switzerland, Fr. Rex RB. Reyes, co-head of the delegation and general secretary of the National Council of Churches in the Philippines (NCCP), said that the alternative reports they submitted to the UNHRC outlined the continuing violations of the political, civil, and socio-economic rights and the non-compliance of the GPH to its rights treaty obligations.

“It has been four years since the first UPR on the Philippines and the human rights situation in the country manifests no real improvement. The climate and culture of impunity still reign. The whole world knows of the failure of the Aquino government to bring to justice human rights violators like Gen. Jovito Palparan and of the horrendous, less than 1% conviction rate of perpetrators of political killings on top of the snail-paced justice system. These are not things the Philipine government can be proud of before the international community,” Reyes commented.

Marie Enriquez, co-head of the delegation and Karapatan chairperson, chided the Armed Forces of the Philippines with its recent statements that its troops have not committed rights abuses in the past four months. “Such declarations are farthest from the truth as, on the ground, the horrid human rights situation remains, with such impunity, as there have been 76 extrajudicial killings and hundreds of rights violations perpetrated by the AFP, its paramilitary units and the Philippine National Police (PNP) under the Aquino presidency,” she stated.

According to Karapatan, among these 76 cases of EJKs are the killings of Aklan Municipal Councilor and Bayan Muna coordinator Fernando Baldomero; internationally renowned botanist Dr. Leonard Co; Italian missionary Fr. Fausto Tentorio; and of late, Higaonon leader Jimmy Liguyon. All of these cases remain pending either at the prosecutorial or court levels, while the state security forces and masterminds accountable for these crimes have yet to be put behind bars nor convicted.

KARAPATAN asserts “that the Aquino administration failed to render justice to victims and families of victims of human rights violations under the Arroyo government. In his more than one year in office, the government did not initiate filing of cases for human rights violations against known perpetrators, including former President Arroyo. It was the through the victims’ and their relatives’ credits that civil and criminal suits were filed against Arroyo and various military officers including the notorious General Jovito Palparan, Jr.”

Bayan secretary general Renato Reyes pointed out that these violations on civil and political rights have always been consequences of clear violations of the socio-economic and cultural rights of the people.

“The Philippine government will report on how good its dole-out projects are. However, the world has witnessed the violent demoltion of homes in Metro Manila, including one that resulted in the death of a 19-year old youth in Silverio Compound in Paranaque. The violations of the right to self-determination of indigenous peoples continue under large-scale foreign mining. It also doesn’t help that the President himself has opposed any significant legislated wage increase while promoting cheap labor through contractualization,” Reyes said.

“Economic rights form an integral part of human rights and the Philippines is a signatory to the Convention on Economic Social and Cultural Rights. The Philippine state will also have to be answerable to rising unemployment, poverty and hunger,” he added.

The network declared that “the Country Report is all so fine and nice on paper. There is this time not as much razzle dazzle and blaring trumpets that jump out of the paper to obscure the reality of a very bad human rights situation. In fact, the Report is as generally bland as it is largely meaningless to the victims.” #

References:
Fr. Rex RB Reyes, Co-Head of Delegation and NCCP General Secretary (0926-7048249)
Marie Hilao Enriquez, Co-Head of Delegation and Karapatan Chairperson (0917-5616800)
Renato Reyes, Bayan Secretary General (0928-5082902)
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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 Bldg., #1 Maaralin corner Matatag Sts., 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.

PLEASE WRITE THE DOJ: An Urgent Appeal Of The Family Of Leonard Co

ICHRP Secretariat
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Dear friends,

Today, May 15, 2012, we are observing the 18th month of the killing of my  husband, Leonard Co. We are all still crying out for justice for Leonard’s untimely death and senseless killing, along with two of his companions, Julius Borromeo and Sofronio Cortez,on November 15, 2010 in Kananga, Leyte.

The panel of prosecutors formed by the DOJ had already finished the preliminary hearings in July 2011. It is now May 2012 and they have yet to come up with a resolution.

I am thus appealing to all of you, to all those who have loved, known and honored Leonard for his contributions in the field of science, botany and taxonomy, and to all those who believe that justice must be served:  Please help us urge the DOJ to release the resolution at the soonest time possible.

More than a year after Leonard was killed, celebrations of his life, as well as various activities that continue what he had started were organized one after another. I and my daughter, Linnaea Marie, are very grateful for all the outpourings  of love and respect you have given Leonard. Please give us the same strength as we call on the DOJ not to allow impunity to reign in the killing of Leonard and his companions.

We are learning the hard lesson that the clamor for justice is not easy to achieve, day by day. We continue to believe, however, that the DOJ resolution may pave the way in the arduous search for truth and justice and most importantly, in making the perpetrators accountable. We cannot bear to just wait while we know that after Leonard was killed, many more became victims of extrajudicial killings.

Please write the Department of Justice, and address your letters to Prosecutor General Claro A. Arellano and Secretary Leila M. De Lima. Let us flood their offices with snail mails, e-mails, phone calls and even SMS to remind them that we await the release of the resolution, and that we keep vigil on Leonard’s case.

On May 7, our daughter Linnaea Marie or Linmei, celebrated her 10th birthday. For a number of times, she was asked what was her birthday wish. Without hesitation, she said, “sana mabigyan na ng hustisya ang pagpatay ng mga sundalo sa tatay ko.”

Please help us fulfill this wish, however hard it may take.

Thank you very much.

Sincerely yours,

GLENDA F. CO
Wife of Leonard Co

ADDRESSES TO SEND LETTERS TO:

Department of Justice, Padre Faura Street, Malate, Manila, Republic of the Philippines, 1000Telephone: (02) 523-8481, (02) 523_6826Email: communications@doj.gov.phWebsite: www.doj.gov.ph

LEILA M. DE LIMA, Secretary, DOJ Telefax: 523-9548Direct Line: 521-1908Trunkline: 523-8481 loc. 211, 214Email: lmdelima@doj.gov.ph; lmdelima.doj@gmail.com

FRANCISCO F. BARAAN III, Undersecretary and Chair, DOJ special task force on extrajudicial killings., Direct Line No.: 521-8348, Telefax No.:526-2618, Trunkline No.: 523-8481 loc. 217/338, Email Address: ffbaraan@doj.gov.ph

CLARO A. ARELLANO, Prosecutor General, Telefax No. 525-0952, Direct Line No.: 525-0952, Trunkline No.: 523-8481 loc. 219, 281, Email Address: clarellano@lycos.c
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Hustisya National Office
2/F #1 Maaralin cor. Matatag Sts.
Central District, Diliman
Quezon City 1100 Philippines

Telephone: (02) 434-2837
Telefax: (02) 435-4146
Mobile: 0949-1772928, 0917-4881510
E-mail: hustisya.national@gmail.com

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