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Rights violations under GMA and Palparan continue to surface

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Karapatan Public Info Desk, Press Media Release | March 26, 2012
Reference: Marie Hilao Enrique, Chairperson, +63917-5616800, Angge Santos, Media Liaison, +63918-9790580

The more than a thousand cases of extrajudicial killings and hundreds of disappearances, and other rights violations cases documented under the Gloria Arroyo regime may be smaller than the actual incidents that happened, said Karapatan. “Some victims and their relatives are only able to report now out of fear of military reprisal because the military have not left their communities. But as these state-sponsored atrocities continue to happen under P-Noy’s watch, the victims and relatives have no other choice but to speak out now,” said Marie Hilao-Enriquez, chairperson of Karapatan.

Hilao-Enriquez said that cases of human rights violations continue to surface as victims recall for the first time the terror they experienced under GMA and her favorite butcher Gen. Jovito Palparan, one of the main implementers of Oplan Bantay Laya. “We have specifically documented cases as far back as 2004 involving farmers in Hacienda Luisita. At that time, Tarlac was among the seven provinces targeted by Palparan, then commander of the 7th Infantry Division,” said Marie Hilao-Enriquez.

Aside from the publicized killings, among the cases documented in a fact-finding mission in Hacienda Luisita from 2004 to 2010 were:
surveillance, threat, harassment, illegal arrests and detention, and intimidation. The victims were mostly leaders and members of Alyansa ng mga Manggagawang Bukid sa Asyenda Luisita (AMBALA) and the United Luisita Workers’ Union (ULWU). During this period, 300 soldiers from several units under Palparan’s 7th ID were deployed in the villages of Hacienda Luisita.

Other provinces affected were Bulacan and Nueva Ecija where cases of suicide because of fear of military presence and harassment are publicly known but remain undocumented.

Lito Bais, President of ULWU, was among the leaders who were frequently visited by soldiers. Bais now face charges of ‘grave coercion’, along with 22 other farmer-leaders in Hacienda Luisita as they continue to assert their right to own the lands in Hacienda Luisita.

Sgt. Rizal Hilario was specifically identified by the victims. Hilario was Palparan’s right hand man at that time. He is Palparan’s co-accused in the kidnapping and serious illegal detention case of Sherlyn Cadapan and Karen Empeno. Both remain fugitives, three months after they were issued warrants of arrest by the Malolos Regional Trial Court.

The unresolved land dispute in Hacienda Luisita; the continuing harassment of Lito Bais and other hacienda workers from Arroyo to Aquino; of Palparan and Hilario who remain scot free despite their crimes against the people; of Gloria Arroyo landscaping at the Veteran’s Memorial Hospital instead of being jailed in regular prison—exemplifies how rights violations and impunity continue under the P-Noy government. “It only shows that GMA’s bloody Oplan Bantay is extended in P-Noy’s Oplan Bayanihan. Oplan Bantay
Laya is out but terror continues through P-Noy’s Oplan Bayanihan,” concluded Hilao-Enriquez.

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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 soldiers harass evacuees, set up checkpoint at entrance of evacuation center

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Press Release, March 25, 2012, Reference: ATEL U. HIJOS, Spokesperson, GABRIELA – Caraga, Mobile No.: +639099346493

Butuan City – Seven (7) military men all armed with high caliber guns went to the barangay covered court in  Imadejas, Butuan City in the afternoon of March 23, 2012 where 350 dislocated lumad-Mamanwas has sought shelter.  The military men were led by Major Nilo Kanashiro, spokesperson of the 4th ID and Lt. Patrick Martinez, CMO of the 402nd Brigade.

These military units are currently launching intensive military operations in the mountain areas of Kitacharao and Cabadbaran City.  Bombings, aerial strikes and military presence in civilian communities and houses of said military units pushed residents of the mountain communities to evacuate.

At around 2 o’clock 107 evacuees arrived from Palidan, Brgy. Mahaba, Cabadbaran City.  Major Kanashiro insisted that all the evacuees be photographed individually by the military before being allowed to enter the evacuation center. The evacuees, tired from hiding in the mountains to avoid the bombings and strafing, refused to follow the orders of the military and proceeded to join their fellow evacuees.
Several of the military men including Major Kanashiro and Lt. Martinez, disrespected the customs and traditions of the lumad people when, without permission from the datus (lumad elders and leaders) they entered the evacuation center. When Kayapan – Amihan leaders Datu Lando and Gingging Anlagan and members of Kasalo-Caraga tried to intercede, Major Kanashiro  brushed them off saying,  “We don’t want to talk to the handsome and beautiful people. ” He then proceeded to berate the evacuees and told them, “Do not listen to the lies of these pretty faces that has joined you.” He was referring to Kasalo-Caraga and Gabriela-Caraga leaders and other organizations helping the evacuees.   The soldiers told the evacuees to “Return home because there are no more troops in the mountains.“ Later that same afternoon, Lt. Col. Ferdinand Napuli, Commanding Officer of the 3rd Special Forces of the 402nd Brigade belied what Major Kanashiro told the evacuees when he announced in the local radio station Bombo Radio that they are continuing with the military operations.

The military then set up a checkpoint at the entrance of the evacuation center. They made everyone sign a logbook before being allowed to enter. Ms. Atel Hijos, Gabriela-Caraga chairperson and Genasque Enriquez, Secretary General of Kasalo-Caraga were refused entry by the military unless they sign the military logbook. They were only allowed to enter when Ms. Atel Hijos told Major Kanashiro that the military has no right to refuse them entry when the evacuees themselves have asked for their assistance. After a few minutes the military men left the evacuation center.

“The actions of the military,  especially that of 4th ID’s spokesperson Major Kanashiro, exposes the lie that they perpetuate — that they respect human rights, ” said Ms. Hijos in reaction to the tense situation yesterday.  “If they cannot show common courtesy towards the lumad datus and local leaders in broad daylight,  in the middle of the city and in front of the media who witnessed their actions, imagine the total disregard for human dignity and terror tactics that they subject the residents of lumad communities in the isolated mountains.”, she continues.
“Terrorized by the bombings and presence of fully-armed men in their communities, risking their lives to seek sanctuary in Butuan City,  these evacuees have suffered enough.  Please stop harassing the evacuees and show some sensitivity to the women and children’s distress,”  concludes Ms. Hijos.#

Appeal for support for Mamanwa communities forcibly evacuated due to military operations

Stop militarization of communities!

Dear friends and fellow rights advocates,

Greetings!

Military elements from the 30th and 38th IBPA and the 3rd Special Forces of the 402nd Brigade have encamped in civilian communities in the mountain areas of Cabadbaran and Kitcharao, Agusan del Norte and Alegria in Surigao del Norte. The soldiers have occupied public places, and are staying in civilian houses with the residents. Soldiers, in combat alert mode, held civilians at gunpoint, using them as shields and indiscriminately firing high-powered firearms at populated areas.

Due to intense military operations in the area, lumad and farmers from these areas left their homes and farms to seek shelter outside their communities. These communities are rich in mineral resources and are targeted for large-scale mining operations.

On February 28, some 58 families from Alegria, Surigao del Norte started to evacuate to Bgy. Ombon, some 18 kilometers away from their communities. The evacuees are dispersed in Brgy. Camp Edward, others in Bry. Bodlingin, both in Alegria, Surigao del Norte. Other Mamanwa families sought sanctuary with relatives in Brgy. Mahanob in the Municipality of Gigaquit, Surigao del Norte.

On March 14, 2012, some 78 Mamanwa families with about 345 individuals left their homes in Kitcharao and Sitio Lusong, Brgy. Puting Bato, Cabadbaran City and evacuated in Butuan City. The evacuees asked the Agusan del Norte Provincial Government to take measures to pullout the military troops from their communities and to stop the airstrikes. The evacuees also asked for shelter from the provincial government but were refused because the covered gym will be used in May for an exhibit by an entertainment company. The evacuees are now at the Barangay Imadejas Covered Court.

As of this writing, an estimated 800 individuals, adults and children, are now in evacuation centers.

In behalf of the evacuees, Karapatan appeals for your support. The evacuees are in need of food, medicines (for diarrhea, upper respiratory tract infection, coughs and cold, fever), clothes, laundry soap, sleeping mats and potable water. They also need slippers and change of clothes, especially the children with infected wounds.

Attached are the factsheets of the incidents prepared by Karapatan-Caraga and position paper of Kasalo-Caraga, an organization of indigenous peoples in Caraga.

We appeal to you to send letters of concern to agencies of the Philippine Government to call for:

1. Immediate pull-out of members of the 30th and 38th Infantry Battalion; 3rd Special Forces of the 402nd Brigade of the Philippine Army from these communities,

2. Provide aid eg. food, drinking water, medicines, etc. for families in the evacuation centers,

3. Immediate investigation of the military airstrikes and combat operations in the affected communities,

4. The Philippine Government to withdraw its counterinsurgency program Oplan Bayanihan, which victimizes innocent and unarmed civilians, and

5. 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.

Please send your letters to the following:

H. E. Benigno S. Aquino III
President of the Philippines
2/F Bonifacio Hall, Malacañang, Manila
Tel: 733-3010 loc 882/ 887
Website: president.gov.ph <http://www.president.gov.ph/>

Secretary Teresita Quintos-Deles
Office of the Presidential Adviser on the Peace Process (OPAPP)
7/F Agustin I Building, F. Ortigas Jr. Road, Ortigas Center, Pasig City
Tel: 6360701 to 06 / 637-6083
Fax: 638-2216
Email: stqd@opapp.net
Website: opapp.gov.ph

Secretary Leila M. de Lima
Department of Justice (DOJ)
DOJ Main Building, Padre Faura Street, Manila
Tel: 521-1908
Fax: 523-5548
Email: doj.delime@gmail.com
Website: doj.gov.ph

Secretary Voltaire T. Gazmin
Department of National Defense (DND)
DND Building, Camp Aguinaldo, Quezon City
Tel: 911-6193 / 911-1746
Fax 911-6213
Website: dnd.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: <coco.chrp@gmail.com>chair.rosales.chr@gmail.com,
lorettann@gmail.com

And to the Philippine embassies and consulate offices in your respective countries

Please send us a copy of your email/mail/fax to the above-named government
officials, to our address below.
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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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KARAPATAN Public Information <publicinfo@karapatan.org, Mar 23, 2012
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

International lawyers’ group challenge Philippine gov’t to arrest forthwith notorious fugitive general

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Press Release – Demand Release of Political Prisoners, Ask Stop to US Intervention and Call for Resumption of Peace  Negotiations

The International Association of Democratic Lawyers (IADL), a non-governmental organization founded in 1947 that has consultative status with the United Nations (UN) Economic and Social Council (ECOSOC) and accredited with the UN Human Rights Council, has called on the Philippine government to use all its powers, resources and machinery in immediately arresting retired Maj. Gen. Jovito Palparan Jr. who has gone into hiding for three months now.

Gen. Palparan has been indicted for the enforced disappearance of two young activist students Sherilyn Cadapan and Karen Empeno who were forcibly abducted, brutally tortured, and repeatedly raped in 2006. He faces a string of other pending and potential suits for his involvement in hundreds of extrajudicial killings, disappearances, torture and other violations when he was in active service during the time of former President Gloria Arroyo.

In the recently concluded meeting of its governing Bureau in Brussels, Belgium over the weekend, the IADL approved by consensus and in principle an omnibus resolution challenging the administration of President Benigno Aquino III to leave no stone unturned to immediately arrest Gen. Palparan and prosecute him forthwith, noting that he is reportedly the highest-ranking military official that has ever been criminally indicted for human rights violations after the Marcos dictatorship.

The IADL resolution said that violators of human rights anywhere in the world, wherever they are, must answer for their crimes against humanity. The IADL emphatically stressed that targeting of civilians violates the 1949 Geneva Conventions and the 1966 International Covenant on Civil and Political Rights (ICCPR). It underscored that those who violate these laws must be held accountable.

The IADL, which reputedly has members in 90 countries, asked its country affiliates to blast the information about Gen. Palparan and to closely monitor the case/s against him even as it twitted Pres. Aquino for striking a distant and uncaring pose about pressing social and economic issues.

The IADL, headed by its President Jeanne Mirer from the New York-based National Lawyers Guild (NLG) that has thousands of members in all the states of the US, noted that there continues a bubble of impunity even under the present government. It expressed concern that serious and credible reports of killings, disappearances, torture, urban poor demolitions and other human rights violations continue; that the government has by and large not undertaken clear, strong, concrete and effective steps to make perpetrators accountable; and that political prisoners still unjustly languish in jail.

The IADL said that unless perpetrators are punished and held accountable for their actions, the violations will continue with impunity. It pointed out that unless positive and concrete actions are taken by the government to improve the dire human rights situation, there will be more victims and the likes of Gen. Palparan will continue to sow terror.

Consistent with its various campaigns to work for the release of political prisoners all over the world, the IADL also joined appeals that the more than 300 political prisoners be immediately released through a general, unconditional and omnibus amnesty or through any other mutually acceptable mode of release.

The Bureau was also informed how the legal and judicial system in the Philippines has perpetrated the injustice against these prisoners through the filing of false or wrong charges – a practice that is also incompatible with international human rights law and international criminal law principles- ,  the improvident use of generic names to persecute branded “enemies of the state,” and the infectiveness or impracticability of existing local legal remedies.

The IADL agreed that if the Aquino government is really serious and sincere in its commitment to improve the Philippine human rights situation, the release of political prisoners is only proper and an imperative as a matter of law, principle and justice.

The IADL also resolved to ask the Philippine and US governments to stop US intervention in the country through deceptive and unequal visiting forces agreements or arrangements and is expressed alarmed at talks to expand the presence of US troops, facilities and materiel. It pointed out that this is contrary to the general principles in international law, particularly on national sovereignty and the right of peoples to self-determination.

The IADL has consistently opposed and campaigned against any kind of foreign intervention in any country including economic, political, and military interference. It lamented that US troops remain in the Philippines despite the historic struggle and laudable victory in kicking out in the 1990s the two largest military bases outside the US mainland.

Finally, the IADL resolution called on the Philippine government and the liberation movement National Democratic Front of the Philippines (NDFP) to resume their peace negotiations to address and resolve the roots of the armed conflict, even as it noted that the landmark Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) marked its 14th anniversary while the Bureau was in session. The Bureau was informed that the CARHRIHL conforms to international legal principles and standards that the IADL stands for and in fact contains provisions on the foregoing issues contained in the IADL Resolution.

In a related vein, the IADL affirmed its full support to its officers and members who make up in their individual capacities the majority of the International Legal Advisory Team (ILAT) to the NDFP Negotiating Panel. The ILAT gives its advice and opinion pro bono on matters of international law related or coming out of the peace negotiations.

Those present at the Brussels meeting were lawyers who are key leaders or prominent representatives of different  democratic lawyers associations in 16 countries in Asia, Africa, Europe, North and Latin America including  Austria, Belgium, Bulgaria, Cameroon, Costa Rica, Germany, France, Haiti, India, Iraq, Italy, Japan, Philippines, United Kingdom, United States, and Vietnam.

The National Union of Peoples’ Lawyers (NUPL), the affiliate of the IADL in the Philippines and which represents the families of the disappeared university students and several other victims of human rights violations, was represented by its Secretary General in the Bureau meeting.#

Reference: Atty. Edre U. Olalia, NUPL Secretary General, (0063) (0)9175113373

National Secretariat
National Union of Peoples’ Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
“Visit the NUPL  at http://www.nupl.net/

By calling yourselves the ‘people’s lawyer,’ you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance.”  Supreme Court Chief Justice Reynato S. Puno, in his message to the NUPL Founding Congress,Sept. 15, 2007

Karapatan to AFP: Stop victim blaming

Press Statement, March 21, 2012 – “The Armed Forces of the Philippines (AFP) should stop its habit of blaming the people whose rights are violated in the implementation of its counter-insurgency program, Oplan Bayanihan, especially when the victims are children,” asserted Marie Hilao-Enriquez, chairperson of Karapatan.

The AFP claimed that the 6 year-old Rodilyn Aguirre was killed, and her 4 year-old sister Baby wounded, because of their involvement with NPA activities, specifically in manufacturing improvised explosive device (EID). “These are not only false claims, these are preposterous! Rodilyn and her sister were hit by grenade shrapnel from an M203 launcher. The barangay residents believed that the explosion could only come from the nearby detachment of the 61st IB-PA as they often saw army personnel Willy Faulo brandishing that weapon, ” retorted Hilao-Enriquez.

Results of the fact finding by Karapatan-Panay stated that on March 11, the two children were in their house with their grandfather, Julian Aguirre, when an explosion struck a few meters from their house. The report said that, “Rodilyn was hit by shrapnel from M203 launcher in “different parts of her body, resulting in fatal injuries. The most fatal wounds were on her left eye and her neck. Baby sustained superficial injuries on her face, arms and stomach.” Rodilyn died on the way to the hospital which was  “two hours walk and another hour by motorcycle away from the village.”

Karapatan said that the people in Brgy. Tacayan have, for years, complained of the military’s presence in their village for fear of their safety. Hilao-Enriquez said that, “this is proof that civilians’ lives are endangered by the mere presence of the military in the communities. Children are especially vulnerable to such violations, depriving them not only of a peaceful environment, but of their lives and security as well.”

Four days earlier, on March 7, 10 year-old Michael Mancera and brother Richard, 7 y.o., were likewise killed when soldiers from the 49th IB in Labo, Camarines Sur fired at the Mancera’s house. The 24 sqm. Mancera house was riddled with bullets. Recovered from the different spots outside the house were a total of 231 spent shells from armalite rifles. To cover up the killings, the military tagged Benjamin, Michael and Richard’s father, as “NPA militia” and called the incident an ‘encounter’ between the military and the NPA.

Karapatan said it has been the practice of the AFP to easily and immediately brand the victims of human rights violations as members or supporters of the New People’s Army (NPA) to wash off their bloodied tracks. Hilao-Enriquez added that, “the AFP often uses ‘legitimate encounters’ or ‘hot pursuit operations’ against the NPA to cover up its rights violations against the unarmed civilians in the communities. They are mindless of who are victimized in the process because they have a healthy excuse — branding civilians, including children as rebels, as if branding a person as NPA or NPA supporter justifies extrajudicial killing.”

Karapatan reiterates its call “to immediately pull out military units in the communities and stop the implementation of Oplan Bayanihan which is nothing but a repackaged Oplan Bantay Laya. ###
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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
———————————————————————
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.