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Asia Pacific Coalition for Human Rights in the Philippines Condemns Mass Arrest of Activists in Negros and Metro Manila

4 November 2019

Asia Pacific Coalition for Human Rights in the Philippines Condemns Mass Arrest of Activists in Negros and Metro Manila

The Asia Pacific Coalition for Human Rights in the Philippines (APCHRP) condemns the arrest of 57 people and six minors following simultaneous armed raids by the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) on the offices of Bayan Muna, Gabriela and the National Federation of Sugar Workers (NFSW) in Bacolod City, Negros Occidental, during the early hours of 31 October 2019. Those apprehended in the Negros raids and arrests are members of democratic and progressive mass organizations — they are all unarmed civilians.

Two more activists in Metro Manila: Cora Agovida of Gabriela and Michael Tan Bartolome of Kadamay Metro Manila including their children (now in the custody of Children Rehabilitation Center) were also arrested by operatives who forced their way into their home. This blatant harassment of activist organizations is a recurring theme in the Duterte administration, which has sought to silence dissent by the use of state forces.

The raids are further evidence that the Philippines under the Administration of Rodrigo Duterte is descending into despotic rule. Dawn raids and mass arrests of activists are an eerie reminder of the crackdowns on political oppositions which took place under the early years of the Marcos’ martial law dictatorship in the 1970s.

Since Duterte issued Memorandum 32 in November 2018, ordering extra military and police to be deployed to Negros, Samar and Bicol, coupled with his Executive Order 70 that institutionalizes a “whole nation approach” in attaining an “inclusive and sustainable peace” and created the National Task Force to End Local Communist Armed Conflict (NTFELCAC), state attacks and vilification of human rights defenders, trade unionists and other advocates for the poor have escalated.

The AFP and PNP claim the arrested activists were in possession of weapons and were active in the insurgency of the Communist Party of the Philippines/New People’s Army. However, eye-witnesses report that plain clothes officers entered the compound prior to the “discovery” of weapons components. Planting weapons on suspects and accusing critics of being “communists” are routine in the Philippines.

The arrested members of Bayan Muna, Gabriela, NFSW and Kadamay were simply exercising their rights under the Philippine Constitution and international human rights treaties, to which the Philippine is a party, to organize and advocate on behalf of the downtrodden and marginalized.

APCHRP calls for the immediate release of the arrested activists and for an end to the Duterte administration’s war on human rights defenders.

Stop planting evidences and the filing of trumped-up charges against civilians, activists!

Free All Political Prisoners!

We call on the Australian Government to stop military aid to the Philippines!

Reference:

Peter Murphy:  +61 418 312 301

Sr. Patricia Fox: +61 423 233 152

Condemn mass arrest of 57 unionists and social activists in Bacolod City, Negros Occidental

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Photo by Carlo Manalansan / Bulatlat

November 5, 2019

Hon Michelle Bachelet

United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland

E-mail: registry@ohchr.org

Condemn mass arrest of 57 unionists and social activists in Bacolod City, Negros Occidental

Dear Excellency,

The International Coalition for Human Rights in the Philippines was launched at a conference in Quezon City, the Philippines in July 2013. ICHRP has over 90 member organisations outside the Philippines.

Around 9pm on October 31, 2019, 57 rights defenders including leaders of the National Federation of Sugar Workers, BPO Industry Employees Network (BIEN), Kilusang Mayo Uno Labor Center, and other civil society organizations were arrested in simultaneous raids conducted by combined forces of the Armed Forces of the Philippines, Philippine national Police, SWAT, and CIDG (Criminal Investigation and Detection Group) in Bacolod City, the capital of Negros Occidental.

Among the labor rights defenders illegally arrested and forcibly detained are John Milton “Ka Butch” Lozande, former fourth election candidate of Anakpawis Partylist and the Secretary-General of National Federation of Sugar Workers (NFSW); Danny Tabura, another leader of NFSW; Aldrin Dela Cerna, organizer of the peasant movement (Kilusang Magbubukid ng Pilipinas – Negros – KMP Negros); Noli Rosales, labor leader of Kilusang Mayo Uno Labor Centerr; Romulo Bito-on, Jr., leader of Bayan Muna Party-list and his wife Mermalyn; community journalist May-anne Krueger of Paghimutad Media group and organizer of the BIEN-Bacolod Chapter; members of Teatro Obrero and the Teatro Bungkal cultural group. There were six minors among those arrested.

Using search warrants issued in Quezon City, the security forces raided the Gabriela office, and the offices of NFSW and Bayan Muna. Michael dela Concepcion, Krueger’s partner and former National Coordinator of BIEN, was also named in the search warrant at the Gabriela office, together with four others who were not present at the time of the raid.

Witnesses are adamant that firearms and ammunition were planted in the offices by non-uniformed men after the residents were arrested and removed.

Krueger is currently being held at the Bata police station in Bacolod City, and is facing charges of illegal possession of firearms.

On Sunday November 3, 2019, formal non-bailable charges were made against 41 of those detained, and one was charged with a bailable offence. The other 17 were released, including the minors.

Clearly, this is part of the Duterte government’s crackdown on unionists and activists. It follows a similar pattern of attacks wherein unionists, organizers and activists are arrested with the aid of faulty warrants and planting of evidence during raids. Unions are campaigning for a wage increase, secure jobs and resumption of peace talks.

The sustained spate of attacks in Negros exposes the anti-peace and anti-people platform of the Duterte government. President Duterte’s Executive Order No. 70 Whole of Nation Approach, the anti-peace talks Proclamations 360 and 374, Memorandum Order 32 placing Negros, Samar and Bicol in a State of Emergency, enable state-sponsored violence and a culture of impunity.

Since Duterte came to power Negros island alone witnessed 85 victims of extra-judicial killings mostly farm workers and their families who have been fighting for their land.

ICHRP calls on the United Nations Human Rights Council to pursue its special investigation of the human rights abuses taking place in the Philippines, to call on the Philippine government to immediately and unconditionally release the 42 union leaders and political activists arrested on October 31 in Negros, to cancel Executive Order No 70 and Memorandum Order 32 and Proclamations 360 and 374.

Sincerely,

Peter Murphy, Chairperson, Global Council,
International Coalition for Human Rights in the Philippines

Bicol, Negros, Samar: intensifying repression

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Human rights in the Philippines roundup

May-June 2019

 

The biggest human-rights news in May-June 2019 in the Philippines are the killings and illegal arrests of activists in three of the poorest regions in the country – Bicol, Negros and Samar – which have been subjected to intensified military deployment and control by the government of Rodrigo Duterte.

The period witnessed the killing of human-rights activists in Sorsogon, in the same week of the murder of similar activists in Bicol. There is also the escalating arrests in Negros and the killing of a peasant leader in the region.

The spate of killings in the Bicol, Negros and Samar comes after the issuance of Memorandum Order 32 which declares that the said regions are under a State of Lawless Violence. The memo orders the deployment of additional forces of the Armed Forces of the Philippines and Philippine National Police. Human-rights group Karapatan, however, sees this as an underhanded move to further normalize human-rights violations and repressive policies.

At the same time, the arrest of a Cagayan de Oro journalist earned widespread outrage and condemnation. Alongside these illegal arrests, Karapatan members from the Southern Tagalog  region also faced harassment as the group conducted fact-finding and humanitarian missions in relation to cases of strafing and the deaths of three people in Mindoro province.

The following members and leaders of people’s organizations were victims of extra-judicial killing in the two months:

>> June 8 – Felipe Dacal-Dacal, 65, member of the National Federation of Sugar Workers (NFSW) in Escalante City, Negros Occidental. He was shot three times by a gunman, well-known to be a rebel returnee-turned-paramilitary, while inside his residence. According to initial reports, the perpetrator visited the victim’s house three times to try to “convince” him to stop joining protest rallies.

>> June 9 – Arnie Espenilla, member of Masbate People’s Organization, a member-organization of Karapatan-Bicol. Espenilla was at home in Brgy. Lahong, with his family when a number of soldiers forcibly entered the house and shot him to death.

>> June 10 – Zando Alcovendas, another member of Masbate People’s Organization, was shot dead in Brgy. Buenavista. It was said that uniformed men forcibly entered his house and shot him.

>>June 14 – Pizo Cabug, yet another member of Masbate People’s Organization, and resident of Brgy. Buenavista, was at home and was killed a few days after the shooting of Espenilla and Alcovendas. He was about to retire for the night when soldiers killed him. The three human-rights advocates based in Masbate province were all farmers and residents of San Fernando town.

>> June 15 – Ryan Hubilla, 22, and Nelly Bagasala, 69, staff members of Karapatan-Sorsogon, were killed by gunmen at the corner of Phase 2, Seabreeze Subdivision in Barangay Cabid-an, Sorsogon City, Sorsogon. According to initial reports of Karapatan-Sorsogon, suspected military agents have been following some political detaines who have just been released from prison, their lawyers, and paralegals of Karapatan-Sorsogon from prison. On April, four Karapatan human-rights workers, including Hubilla, were tailed by men onboard a gray pick-up vehicle and a black motorcycle. Both vehicles had no license plates. This incident happened after they escorted Atty. Bart Rayco of the National Union of People’s Lawyers-Albay who was visiting his clients who were political prisoners at the Bureau of Jail Management and Penology in Sorsogon.

>> June 16 – Liovigildo “Nonoy” Palma, leader of peasant organization KASAMA-Bukidnon residing in Sitio Malabago, Brgy. Halapitan, San Fernando, Bukidnon, was shot dead outside his house. According to initial reports from peasant organization Kilusang Magbubukid ng Pilipinas-Northern Mindanao, three men onboard a motorcycle shot Palma. Palma’s neighbors recognized one of these men as a member of Alamara, a paramilitary group, operating in the town under the 88th Infantry Battalion of the Philippine Army. KASAMA-Bukidnon is the provincial chapter of the KMP.

>> June 17 – Neptali Morada, 40, former Bicol regional coordinator of partylist group Bayan Muna who is working as staff member of the former provincial vice-governor of Camariners Sur, was gunned down in the village of San Isidro, Naga City. Morada was riding his motorcycle going to work when an armed assailant aboard a white pick-up vehicle suddenly fired at him. Morada, who also served as campaign officer of the umbrella organization Bagong Alyansang Makabayan in Bicol and was a member of the Student Christian Movement of the Philippines, is a well-known figure among activists in the region.

>> June 27 – Lito Itao, 49, auditor of the transportation group Guihulngan City Habal-habal United Operators and Drivers Association and head of the village security group was murdered in Sitio Culasi, Brgy. Buenavista, Guihulngan City, Negros Oriental. Itao was reportedly sitting outside a store with his neighbors when armed men onboard a motorcycle drew a small firearm and shot him. The victim was able to run away from the hitmen for around 25 meters before collapsing. Itao was brought to the Guihulngan District Hospital but was declared dead on arrival.

Meanwhile, the following members and leaders of people’s organizations were victims of illegal arrests and harassment in the last two months:

>> June 9 – journalist and development worker Fidelina Margarita Valle was arrested at the Laguindingan Airport in Cagayan de Oro City. Valle flew in from Pagadian for a series of interview and was on her flight home to Davao City when she was nabbed. After being transferred from a Cagayan de Oro police station, she was brought to the custody of the regional police in Camp Abelon, Pagadian City, Zamboanga del Sur, and was released at 11:18 that night. The Criminal Investigation and Detection Group (CIDG) said Valle’s arrest was a case of mistaken identity.

Karapatan, however, slammed Valle’s arrest as “a case of harassment not only targeted at Valle, but at activists and journalists in the country.” The government, it says, “is trying to send a message of orchestrated intimidation and the deliberate use of legal processes to try to justify political persecution and trumped-up charges.” Karapatan also condemned the police operatives involved in the arrest as Valle’s 10 hours in custody renders her vulnerable to different forms of violations, including interrogation and psychological and physical torture.

>> A spate of illegal arrests also occurred in various towns in the province of Negros Oriental. According to initial reports, in two separate sitios of Barangay Mansalanao in La Castellana town, three farmers were nabbed by unidentified armed men.

>> Arnaldo Namu, 30, was abducted by five unidentified armed men and forced into riding a van, while Francisco Alabagan, 40, and his wife known as “Kapid” of Sitio Anunang were illegally arrested by individuals who introduced themselves as members of the Military Intelligence Group.

>> Hermin Escapalao, 57 and Jorex Escapalao, 49, Hacienda Raymunda Farm Workers Union–NSFW vice-president Jorex Escapalao, as well as residents of Hacienda Raymunda, in Barangay Kapitan Ramon, Silay City, were also harassed, when at least 10 members of the PNP forcibly entered the homes of the Escapalao siblings. The police supposedly went in their homes to serve search warrants. Jorex Escapalao is currently illegally detained at the Silay City police station.

>> June 26 – Pastor Jimmy Teves of the United Church of Christ in the Philippines (UCCP), Jodito Montecino, former chairperson of Kauswagan ng Mangunguma sa Brgy. Buenavista; Eliseo Andres, JP Manzano of Sitio Kankelin, Rodrigo Medez of Sitio Cabagal, Roger Sabanal, Japser Aguyong and another farmer who is yet to be identified were all illegally arrested by members of the 62nd Infantry Batallion of the Philippine Army in Barangay Buenavista in Himamaylan town.

Out of the 12 arrested farmers, six – namely Teves, Montecino, Andres, Manzano, Medez and Aguyong – were all implicated in a murder charge pending before the Kabankalan Regional Trial Court Branch 61 under the sala of Judge Rodney Magbanua.

In June 3, 2019, trade-unionist Marklen Maojo Maga was falsely convicted of the trumped-up charges of illegal possession of firearms. Maga was illegally arrested on February 22, 2018 on the basis of an arrest warrant resulting from a fabricated murder case in Agusan del Norte, a province he has never been to. The police and military operatives who nabbed him claimed that he had in his possession a 45-caliber gun – a ludicrous claim given that he was playing basketball when he was arrested and just brought his son to school.

Early in June, Karapatan welcomed the statement of United Nations Human Rights Experts on the need for the United Nations Human Rights Council to conduct an independent investigation into the human rights situation in the Philippines.

On June 8, Karapatan supported the call for the United Nations’ Independent Probe following the alarming scale of human-rights violations in the country. Karapatan reiterates that the Duterte government should be held into account for the violations and that upholding people’s rights is a “necessary advocacy in ensuring governments do not renege from their human rights obligations.”

Update: On July 11, the UN Human Rights Council adopted a resolution, proposed by the government of Iceland, endorsed by 28 other countries, to probe the extra-judicial killings and other human-rights abuses of the Duterte regime. This is in response to efforts by Karapatan and other organizations in the country to make the regime accountable for its countless human-rights violations.

On June 28, the demand for protection of human-rights groups fell on deaf ears when the Court of Appeals refused to grant the petition of Karapatan, Rural Missionaries of the Philippines and Gabriela for the writ of amparo and habeas data which the groups filed. The said legal measures were created to protect human-rights activists and all other activists from surveillance, illegal arrests, trumped-up charges or any harmful measure from the government.

According to Karapatan, the refusal of the appellate court to provide protection for defenders at risk shows the government’s complicity with the attacks perpetrated against human-rights workers. Karapatan continues to exhaust all legal processes to appeal and overturn the court’s decision. Karapatan continues to contest the court’s decision and refuse to give in to what it calls the government’s attempt to absolve itself of its role in the attacks on activists and continuing human-rights violations.

Despite the martial-law conditions in Negros, a candidate for city councilor who is also a long-standing activist figure in the region and a victim of extra-judicial killing when he was campaigning, was reelected.

Bernardino Patigas, 72, a former secretary-general of the provincial organization of human-rights advocates was reelected as city councilor of Escalante with 18,011 votes in the May 13 elections. Patigas’ election, Karapatan said, is “a testament to how rooted he was in the community, and how the community, in turn, loved and respected him back. This is a powerful statement of acknowledgement for a formidable public servant, of endearment for Tatay Toto, and condemnation for his killing.”

Karapatan has released its first quarter report on the human-rights emergency in the Philippines for 2019. Please read the report here.

Meanwhile, the International Coalition for Human Rights in the Philippines (ICHRP) successfully held its third general assembly in Hongkong in June 27-29 with the theme “Stand United! In solidarity with the Filipino People for Justice, Freedom and Democracy!” More than 160 participants from 21 countries attended the event. We are calling on all friends of the Filipino people to join the ICHRP. Please read the communique of the third general assembly here.


Most of the data presented in this roundup comes from Karapatan, an alliance of individuals, groups and organizations working for the promotion and protection of human rights in the Philippines. Collated and contributed by ICHRP-Africa

 

A/HRC/41/L.20: Resolution on the promotion and protection of human rights in the Philippines

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Reposted from the UN Human Rights Council site (URL source below)

Human Rights Council

Forty-first session

24 June–12 July 2019

Agenda item 2

Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General

 

Austria, Belgium,* Canada,* Czechia, Denmark, Estonia,* Finland,* France,* Germany,* Greece,* Iceland, Ireland,* Latvia,* Liechtenstein,* Lithuania,* Luxembourg,* Malta,* Monaco,* Montenegro,* Netherlands,* New Zealand,* Poland,* Portugal,* Romania,* San Marino,* Slovenia,* Sweden,* United Kingdom of Great Britain and Northern Ireland: draft resolution

41/…   Promotion and protection of human rights in the Philippines

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant international human rights instruments,

Reaffirming the primary responsibility of States to respect, protect and fulfil all human rights and fundamental freedoms and to fulfil their obligations under human rights treaties and agreements to which they are parties,

Recalling repeated expressions of concern about the situation of human rights in the Philippines by the United Nations High Commissioner for Human Rights and special procedure mandate holders,

Expressing concern at the allegations of human rights violations in the Philippines, particularly those involving killings, enforced disappearances, arbitrary arrest and detention, the intimidation and persecution of or violence against members of civil society, human rights defenders, indigenous peoples, journalists, lawyers and members of the political opposition, and restrictions on the freedoms of opinion and expression, peaceful assembly and association,

Bearing in mind that, since the campaign against illegal drugs was announced in the Philippines in mid-2016, there have been allegations of the killing of thousands of people allegedly involved in the drug trade and drug use,

Reaffirming the determination of Member States to tackle the world drug problem and to actively promote a society free of drug abuse in order to help to ensure that all people can live in health, dignity and peace, with security and prosperity, and reaffirming also the determination of Member States to address public health, safety and social problems resulting from drug abuse,

Emphasizing that the right to life must be respected and protected by all law enforcement agencies in their efforts to address drug-related crimes, and that allegations of drug-trafficking offences should be judged in a court of law that adheres to internationally recognized fair trial and due process norms and standards,

Deeply concerned about allegations of threats, intimidation and personal attacks directed against special procedure mandate holders, including the Special Rapporteur on the rights of indigenous peoples and the Special Rapporteur on extrajudicial, summary or arbitrary executions,

Welcoming the statements made by the Government of the Philippines expressing its willingness to welcome independents experts from the United Nations to conduct an objective assessment of the situation of human rights in the country ,

Noting with appreciation the adoption in June 2019 by the House of Representatives of the Philippines of the Human Rights Defenders Protection Act,

  1. Urges the Government of the Philippines to take all necessary measures to prevent extrajudicial killings and enforced disappearances, to carry out impartial investigations and to hold perpetrators accountable, in accordance with international norms and standards, including on due process and the rule of law;
  2. Calls upon the Government of the Philippines to cooperate with the Office of the United Nations High Commissioner for Human Rights and the mechanisms of the Human Rights Council, including by facilitating country visits and preventing and refraining from all acts of intimidation or retaliation;
  3. Requests the High Commissioner to prepare a comprehensive written report on the situation of human rights in the Philippines, and to present it to the Human Rights Council at its forty-fourth session, to be followed by an enhanced interactive dialogue.

                                *    State not a member of the Human Rights Council.

 

Source: https://extranet.ohchr.org/sites/hrc/HRCSessions/RegularSessions/41Session/Resolutions/Forms/ResolutionDS/docsethomepage.aspx?ID=43&FolderCTID=0x0120D520005A4381ABFFD48642897E02288D058A2200C47B8FED5AAA174AA85D80F4FC2240D1&List=2e608fdd-ecef-47c9-a5c1-72fbb1ca1d6a&RootFolder=%2Fsites%2Fhrc%2FHRCSessions%2FRegularSessions%2F41Session%2FResolutions%2FA%5FHRC%5F41%5FL%2E20

Philippine government should abide by the UNHRC resolution

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The International Coalition for Human Rights in the Philippines, campaigning for human rights and Filipino people’s rights, lauds the United Nations Human Rights Council (UNHRC) resolution seeking investigation into the human rights situation in the Philippines. We thank all governments who voted in favour of the Iceland-sponsored resolution. We warmly commend all rights advocates who have lobbied with governments to support this resolution.

At the same time, we strongly criticise the Philippine government for “rejecting” the said resolution claiming that “it was not universally adopted”. The Government of the Republic of the Philippines cannot simply reject the UNHRC resolution. The Philippines is a founding member of the Council and signatory to all the relevant United Nations Conventions on which the UNHRC bases its work.

That is why President Rodrigo Duterte should abide by the resolution and welcome the visit of UN Special Rapporteurs which will inform the subsequent reform of the High Commissioner Ms Michelle Bachelet. The government should respect and abide by internationally recognized bodies and mechanisms.

The resolution filed by Iceland was adopted at the UNHRC 41st regular session in Geneva, Switzerland on July 11, 2019.

The resolution “urges the government of the Philippines to take all necessary measures to prevent extrajudicial killings and enforced disappearances, to carry out impartial investigations and to hold perpetrators accountable in accordance with international norms and standards including those on due process and the rule of law.”

It also urges the Philippine government to cooperate with the Office of the High Commissioner and the mechanisms of the Human Rights Council, including by facilitating country visits and preventing and refraining from all acts of intimidation or retaliation.

In 2018, UN Secretary-General António Guterres’ annual report to the UNHRC placed the Philippines on the list of states that intimidate and retaliate against human rights defenders.

We call on all member organizations and supporters of ICHRP to condemn the Philippine government’s rejection of the UNHRC resolution and to intensify pressure on it to cooperate fully with the resolution. ICHRP will re-double its calls to end human rights violations and impunity in the Philippines. We vow to initiate any and all actions and venues, including diplomatic initiatives, to see that the Philippine government abides by the UNHRC resolution.

Reference:

Peter Murphy, Chairperson

International Coalition for Human Rights in the Philippines

peter_murphy1_au@bigpond.com