KARAPATAN MonitorM

April - June 2012

ore than 20 country members of the United Nations Human Rights Council (UNHRC) called attention to the continuing extrajudicial killings (EJK), enforced disappearances, torture and other human rights violations (HRVs) and the prevailing climate of impunity in the Philippines. On May 29, 2012, the Philippine government went through the second cycle of the Universal Periodic Review (UPR) by the UNHRC in Geneva, Switzerland. Expectedly, the Aquino government played its cards close to its vest as State parties and the international community examined the human rights situation in the Philippines. The GPH delegation tried to gloss over the hard facts on the unabated human rights violations and the reign of impunity in the country as it hyped the enactment of one or two national laws and the approval of some international instruments related to human rights.

TABLE 1: Violation of Civil & Political Rights under the Noynoy Aquino Govt (July 2010 to June 2012) Violation Extrajudicial Killing Enforced Disappearance Torture Rape Frustrated Extrajudicial Killing Illegal Arrest without Detention Illegal Arrest and Detention Illegal Search and Seizure Physical Assault and Injury Forced Eviction/Demolition Violation of Domicile Destruction of Properties Divestment of Properties Forced Evacuation Threat/Harassment/Intimidation Indiscriminate Firing Forced/Fake Surrender Forced Labor/Involuntary Servitude Use of Civilians in Police and/or Military Operations as Guides and/or Shield Use of Schools, Medical, Religious and Other Public Places for Military Purpose Restriction or Violent Dispersal of Mass Actions, Public Assemblies and Gatherings*All victims are minors

Members of the Philippine UPR Watch spoke at a side event prior to the UPR of the GPH.

Simultaneous to the review were the lobby efforts of the Philippine UPR Watch, a network composed of peoples and human rights organizations, led by the National Council of Churches in the Philippines and Karapatan. The group conducted dialogues and meetings with representatives of various diplomatic missions and international NGOs to present the real picture of human rights in the Philippines. The UPR covered the last two years of the Gloria Arroyo regime and its Oplan Bantay Laya and the first 16 months of the Noynoy Aquino government and its Oplan Bayanihan. A few weeks before the UPR, the government and the AFP alternately came out with misleading press releases that said there was a decrease in the number of extrajudicial killings and zero rights violations for the first four months of 2012. But the governments effort to sweep the rights violations under the carpet of deceptive slogans of Oplan Bayanihan did not work.

No. of victims 99 11 67 3* 60 222 216 185 93 7,008 342 6,140 259 29,465 19,325 6,721 45 162 296 14,620 2,099

2 TABLE 2: Victims of Extrajudicial Killing & Enforced Disappearance under Noynoy Aquino Govt by Region (July 2010 to June 2012)Region Cordillera Administrative Region Cagayan Valley Ilocos Central Luzon Southern Tagalog Bicol NCR Western Visayas Central Visayas Eastern Visayas Northern Mindanao Caraga Socsksargen Western Mindanao Southern Mindanao ARMM Extrajudicial Killing 1 2 2 4 17 31 5 8 1 7 3 3 4 0 11 099 43 9

KARAPATAN MonitorEnforced Disappearance 0 0 0 0 3 0 0 4 0 0 0 3 0 0 1 011 4 0

Total Organized Women

Recently, Waldo led the opposition against a proposed law splitting the municipality of Maria Aurora to create the Dr. Juan C. Angara municipality as the ninth town of Aurora province. In May, Waldo was one of the convenors of the Task Force Walang Hatian ng Bayan ng Maria Aurora (Do not divide Maria Aurora town), which assailed the bill as part of the projects being pushed by the Angara family in the province. Gov. Bella Angara is pushing for the Aurora Pacific Economic Zone and Free Port (APECO) project in Casiguran, Aurora. Waldo is among the leaders of groups opposed to the project due to its consequences to the rural people and the environment. He was also assistant officer of the Commission on Elections (Comelec) in Maria Aurora and a member of Bayan Muna partylist.

The short period of the Aquino government that was reviewed already drew concern from 22 countries over the continuing extrajudicial killings, disappearances and torture; the prevalence of paramilitary groups and private armies; and the non-prosecution of perpetrators of rights violations under a government that portrays itself as the complete opposite of the previous regime. However, the cases of human rights violations that caused alarm both in the country and among those in the international community are just the proverbial tip of the iceberg. As the Aquino governments Oplan Bayanihan approaches its 2013 deadline to wipe out the revolutionary movement, heightened attacks against the impoverished Filipino people have resulted in an increasing number of human rights violations. The filth stinks under the rug.

Outrage poured out when on July 3, three days after the killing of Waldo Palispis, Dutch lay missionary, Wilhelm Geertman, 67, was killed. He was collared, forced to kneel before he was shot at the back, near the nape, by one of the three gunmen who entered the compound of the Alay Bayan-Luzon, Inc. He was pronounced dead on arrival at the hospital. While the local police immediately brushed aside the case as simple robbery, colleagues of Geertman attributed his killing to his advocacies for the rights of peasants and indigenous peoples and the protection of the environment. Geertman had been in the Philippines for more than four decades. Geertman was a member of the Missionary Volunteers (MIVO) of the Prelature of Infanta in the late 70s. The mission of MIVO aims to establish the Church of the Poor and a program for health and adult education. Through this program, Geertman helped unite the farmers and the indigenous peoples as well as in the formation of sectoral and human rights organizations in the province, which include JPAG.

99 Extrajudicial killings in two years

Death squads that ride in tandem struck again, this time killing environmental advocates and activists. On June 30, on the occasion of his second year as President, Noynoy Aquino said, there is now a shift in attitude towards government as a partner and not as an oppressor. On that same day, Romualdo Waldo Palispis, 51, chairperson of the rights group Justice and Peace Action Group (JPAG) in Aurora Province, was shot dead in his residence. He was hit in the back of his head, with the bullet exiting through one of his eyes. A witness said that two men on a motorcycle stopped a few meters from Waldos house, which was surrounded by a concrete fence. One of the men got off and inserted a gun through a hole in the fence, and fired at Waldo, who was playing a guitar in front of his house.

There is a marked increase in the number of killed environmentalists and land rights activists like Cabal (left) and Geertman (opposite page), as Aquinos PPP is carried out.

April - June 2012Under the US-Arroyo regimes Oplan Bantay Laya, Geertman was among those who received threats and harassment from the military. In one instance, suspected 48th IB agents circulated a fake letter tagging him as one of the leaders of the undergound revolutionary movement who gather support for the making and stockpiling of explosives in San Luis, Aurora. In another instance, soldiers at a village gathering in Aurora tagged Wilhelm as a spokesperson for the National Democratic Front of the Philippines (NDFP). Both Geertman and Palispis were active in the campaign against the program to develop Aurora under the Aurora Pacific Economic Zone (APECO) which they believed is against the interests of the farmers and the indigenous people of Aurora. Another environmental activist was killed on May 9, at 6:30 pm, two months after the killing of indigenous peoples leader Jimmy Liguyon. Margarito Boy Cabal, 47, was shot near his rented house in Purok 4-B Barangay Palma, Kibawe, Bukidnon by two men riding a red STX motorcycle with no plate number. The perpetrator used a .45 caliber pistol. Cabal was shot three times in the chest and once in the back. He was dead on arrival at the hospital. Witnesses said the driver wore a helmet and black jacket while the triggerman wore a ski mask and dark jacket and denim pants. Residents noticed the same motorcycle roaming the vicinity the day Cabal was killed. Cabal was known for his firm resistance against the establishment of the Hydro-Electric Mega Dam - Pulangui V project of the First Bukidnon Electric Cooperative (FIBECO) which will eventually affect 22 barangays of Bukidnon and North Cotabato. Ten barangays of Kibawe, Bukidnon will be immediately affected, including Cabals home in Barangay Tumaras. He campaigned and organized residents of the affected barangays to oppose the construction of the dam.

3 Neighbors recounted that in April, Cabal was tailed home by a police mobile. They said Cabal told them that the police suspected him of having connections with the Left because he could safely go to the hinterland barangays of Kibawe, Bukidnon even those labeled as red areas. On April 29, at around 7 pm, Joevic Estrellado, 34, was at home in Brgy. Bulacao, Gubat, Sorsogon province, and was having dinner with his three children when two gunmen shot at their door and forced their way in. Suspecting that he was the target, Joevic crawled from the kitchen into the bedroom, while his three children hid under the dining table. Joevics wife, Agnes rushed to the kitchen and tried to block the g u n men f r o m getting to Joevic, but they pushed her aside. The two men shot Joevic several times, as he tried to take cover under the bed, while Agnes and the children cried and pleaded to them to stop. The two men aimed their guns at Agnes, her children and her brother, then left the house. Agnes pulled her wounded husband from under the bed, and rushed him to the hospital, but Joevic expired on the way. Joevic was a cousin of Rodel Estrellado, a member of Bayan Muna partylist who was killed on Feb. 25, 2011 by suspected soldiers of the 9th Infantry Division. Rodels killing remains unsolved. Urban poor leader Ernesto Erning Gulfo, 52, chair of the Alyansa KontraDemolisyon-Malabon chapter was shot dead on May 30, at 7 am, inside his home in Sitio 6, Catmon village, Malabon City. Gulfos wife Divina said the gunman entered Gulfos junk shop and pretended to ask about the price of scrap metal, then shot Gulfo three times in the chest. The gunman, described as 55 in height, and in his 30s, was met outside Gulfos compound by two other men who served as lookout.

TABLE 3: Victims of Extrajudicial Killing & Enforced Disappearance under Noynoy Aquino Govt by Sector (July 2010 to June 2012) Sector Extrajudicial Killing Enforced Disappearance Peasant 53 8 Worker 6 0 Indigenous People 11 1 Government Employee 3 0 Teacher 1 0 Youth and Student 2 1 Environmentalist 3 0 Human Rights Worker 1 0 Entrepreneur 4 0 Urban poor 5 1 Minor 6 0 Church 1 0 Fisherfolk 1 0 Media 2 0

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KARAPATAN Monitor

Ernesto Gulfo (inset) was the latest EJK victim among urban poor dwellers. Forced eviction has become so rampant under the Aquino government, causing displacement of thousands of people.

In Paraaque City, police used live bullets to disperse the peoples barricade on Sucat Road on April 23. The residents of Silverio Compound were trying to stop the demolition of their homes and the wet market that was acquired by the past local administration for the local governments community mortgage program. Gulfo was also the chair of the alyansa ng Nagkakaisahang Samahan ng Maralita sa Malabon, an alliance of local urban poor groups, and a leader of Kadamay. He was among those who led the peoples barricade to stop the May 21 demolition of 30 houses in Catmon village. The city government is pushing for the demolition of the houses of 1,500 families, to clear the area for the Community Mortgage Program (CMP). Gulfo also led the residents in a May 19 dialogue with the city officials of the Community for the Urban Poor Affairs Office (Cupao) regarding the CMP project and the demolition. Gulfo is the second urban poor leader to be killed under the Aquino regime. In 2011, Antonio Homo was shot dead in Navotas City while Kenneth Reyes was killed in Lemery, Batangas. Arnel Leonor, a 20-year-old resident was killed by a bullet in the head, while scores were wounded in the shooting and mauling by the police. Thirty-three people were arrested some of them just passing by and charged with resisting arrest and disobedience to lawful order. Eight of those arrested were minors who were released upon intervention by lawyers and paralegal activists. Ten residents remain in detention with charges of illegal possession of explosives and deadly arrow.

Attacks on communities: intense military operation, bombings and forced evacuation

The AFP indiscriminately bombed communities where soldiers clashed with New Peoples Army (NPA) rebels. It was an attack against the population whom the soldiers assumed to be rebel-supporters. Instead of assisting wounded civilians, the soldiers arrested them.

April - June 2012

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Photo by TUDLA Productions

A 16-year-old boy who was wounded in a crossfire in Trento, Agusan del Sur was arrested and tagged by the military as an NPA child warrior. On May 7 at around 7 am, Jessie was out in the forest gathering wood to build a hut for the barangay New Visayas festival, when a firefight erupted between soldiers of the 25th Infantry Battalion and the NPA, lasting for two hours. All 83 families of Sitio Upper New Visayas evacuated to the barangay halls of New Visayas and Pulang Lupa. At around 2 pm, a military helicopter and fighterplane came and dropped at least seven bombs on the area. After the bombing, Jessies family came looking for him but failed to find him. They feared that he was killed in the clash or the bombings. On May 8, Jessies father went with other community leaders to the Trento mayor to ask for help to find his son. That same day, Jessie, with a wound on his left thigh arrived at the evacuation area at the New Visayas barangay hall. Soldiers immediately arrested him. His mother and 15-year-old sister clung to him but they too were taken by 75th IBPA soldiers on board a 6x6 military truck. The military truck took them to the Bunawan Hospital in Bunawan town, then later to Patin-ay in San Francisco. At dawn the next day, May 9, the military took the wounded minor and his family to the Butuan Emergency Hospital. At around 8 am, they transferred him to the 4th ID camp in Cagayan de Oro in Misamis Oriental province.

On May 11, the Philippine Daily Inquirer came out with a news report quoting 4th ID spokesperson Maj. Eugenio Osias IV, and their commanding officer Maj. Gen. Victor Felix that they captured Jessie whom they claimed was a wounded NPA child warrior. On May 22, the military released Jessie and his family after the intervention of the community members. Since May 4, soldiers of the 25th IBPA had begun concentrating in the the vicinity, gearing up for heavy combat operation. The area is affected by the mining exploration of the Philsaga Mining Corporation and the Monkayo Consolidated Mining Corporation which are being funded by the Taiwanese Yinyi Phil Investment Holding Group, Inc. In Kibawe, Bukidnon, a farmer was wounded when military fighter planes shelled sitios Kibanggis and Nabunturan in barangay Sampaguita. The bombings followed a two-hour firefight between soldiers and the NPA on April 1, at 5:30 am. From 9 am to 10:30 am, army planes dropped about 14 bombs on Sampaguita village. Farmer Jenice Marguate, 25, was at his farm in Sitio Nabunturan with his parents when a fighter plane bombed their location. Marguate was hit by shrapnels. On the way to the hospital, in Barangay Natulungan, 8th IB soldiers stopped the group which was carrying Marguate, and tried to arrest him, claiming

6 that he was an NPA rebel. The Sampaguita village chief stopped the soldiers and attested that Marguate is a bona fide resident and an ordinary farmer. At least 71 families from the four sitios of Sampaguita evacuated their homes from April 1 to 3. Soldiers of the 8th IB tried to block and disrupt Panaw Kalinaw,a fact-finding mission that came to Sampaguita village to provide medical services and psychosocial firstaid intervention to the evacuees. The soldiers questioned the objective of the activity and the presence of different organizations, even harassing Sampaguita barangay chair

KARAPATAN MonitorMarcelo Sible and Marites Bulawan, leader of the peasant group Nagkahiusang Mag-uuma sa Kibawe (Namaki) who facilitated the activity. Since March 21, soldiers of the 8th IB have encamped at the Sampaguita Elementary School. Organized peasants in the area suspect that the military presence was to quell the growing opposition to the Hydro-Electric Mega Dam - Pulangui V. On June 1-4, a series of encounter between the elements of the 73rd IB, 57th IB and 58th IB and the

SAVING BONDOC PENINSULA FROM STATE TERRORISMn Bondoc Peninsula, Quezon, rising cases of military abuses were reported, along with intensified military deployment in the area. Eight battalions of the Armed Forces of the Philippines (AFP) currently operate in 22 towns in southern Quezon. Southern Tagalog region was among the hardest-hit areas in the time of the US-Arroyo regimes Oplan Bantay Laya, with up to nine battalions deployed. The eight battalions in Bondoc Peninsula alone is unprecedented because it has never happened even during martial law. On June 25, the Save Bondoc Peninsula Movement (SBPM) was launched, signaling the start of the campaign calling for the withdrawal of military troops from the area, as well as support for the civilians affected by the military operations. The SBPM condemned the concentration of troops as part of suppressing the struggle for their right to land and resources and to perpetuate the climate of impunity. Bondoc Peninsula is Quezons agricultural center and hacienda belt. The area is rich in mineral resources targeted as potential area for Aquinos showcase program, the Public-Private Partnership (PPP) known to have caused displacement of thousands of people in the urban and rural areas. The SBPM called on the public to support the campaign, saying, Let us not allow another human rights violation to happen. Let us not allow another person to fall victim. Among the cases documented by the SBPM were: Harassment by soldiers of leaders and organizers or progressive groups, and relatives of suspected NPA rebels. Soldiers usually take pictures of the victims, causing fear of further risk to their lives. Harassment was also channeled through text messages and calls on the victims cellphones. Occupation of the barangay halls in Nasalaan and Pagsangahan villages in San Francisco town by soldiers of the 74th IB. In Lopez, residents reported that 85th IB soldiers encamped at the San Francisco Culong Elementary School town from February to April. Repeated tactical interrogation of Lopez residents who were summoned to the 85th IB detachment in Brgy. Silang. They were forced to sign a document saying they were not harmed. Their mugshots were taken as rebel returnees. Illegal searches of homes, at times causing destruction of property. Barangay assemblies called by soldiers, where they present a list of alleged NPA supporters. Those who did not attend were visited by soldiers and made to explain their absence. Soldiers invited children to their resthouse or encampment and let them play with guns or watch videos. The soldiers even invited children to take a bath with them. Persistent visits, illegal searches of homes of suspected NPA

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In April and June this year, soldiers of the 74th IB frequented the home of Karapatan volunteer Mylene Zantua, resident of brgy. Pagsangahan, San Francisco, Quezon. The soldiers told Mylene to stop her activities so as not to put herself in danger. The soldiers also talked to Mylenes children and other young relatives, and said: Do not be like your mother who is an NPA. She is a bad person. On March 11, 2011, soldiers tried to arrest Mylene, but backed out after a six-hour stand-off with other Karapatan volunteers who were with her. The incident traumatized Mylenes children who became constantly worried about their mothers safety. Earlier, in February 2011, 1st Lt. Vitalico Sacoso sent Mylene a series of letters, summoning her to the 74th IB headquarters in Sitio Malamig, Brgy. Sto. Nio, San Francisco, because of alleged complaints against her. Her family continues to be subjected to surveillance by soldiers. On June 23, soldiers of the 74th IB led by a certain Biloan went to the copra farm of the Perros family. They asked Marchedel Perros about the other copra workers, and claimed that they were NPA rebels. Marchedel insisted that they were ordinary villagers and the soldiers could summon them, but the soldiers told her that the workers would just make up stories. Marchedels husband, Joel, and his brothers Ruel and Richard, were about to get on a banca to transport copra when soldiers stopped them and asked why they were leaving. The soldiers eventually let the three go, after taking their pictures as remembrance. The soldiers then went to the next house where they cooked their rice. They also harassed the resident there, ordered her to identify the NPA posts in the barangay, which she said she didnt know. The soldiers then threatened her that someday your children will also cry for you, to mean that she, too, would get killed. In Barangay Maticol 2, San Francisco, at midnight of May 27, three soldiers of the 74th IB forcibly entered and searched the house of Charice. The soldiers claimed that they wanted to inquire about Charices father whom they suspected as an NPA rebel. Nine other soldiers surrounded the house. The soldiers told Charice not to turn on the lights or make a commotion. One of the armed men, later identified as CAFGU Emilio Tolda Jr, explained that they had orders from a Lt. Sacuso to search Charices house. He even gave Lt. Sacusos number so that Charice may confirm about their operation. The soldiers left at 1 am. Out of fear, Charices family was forced to evacuate their home. She learned that the soldiers returned on May 29 and asked about her and her family. The same terror tactics hit the SBPM mercy mission Sullied by the AFP, the SBPM composed of human rights advocates, peoples organizations and Church-based organizations successfully conducted a mercy mission and peace caravan last June25 to July1. A total of 17 vehicles and around 300 participants travelled from

April - June 2012members of the New Peoples Army (NPA) ensued in the villages in six barangays (Kinabalan, Banate, San Miguel, Talus, Laurel and Kawayan) in Malungon, Sarangani Province. The residents in these villages were hamletted during the military operation. On June 5 at 1 pm, two helicopters dropped 12 bombs on Sitio Bungaran, Bgy. Kinabalan, Malungon, Sarangani Province. A number of houses and farm tools were destroyed during the bombing and indiscriminate firing by machine guns mounted on the helicopters. Around 150 elements of the AFP and some 25 Scout Rangers conducted combat operations on the ground. The military operation and the bombings resulted in the forced evacuation of some 332 families or more than 1,600 individuals, mostly children, who went to the center of the barangay in Malungon. Around 85 families evacuated to barangay Banate while more than 200 went to Brgy. Kinabalan. Many others went to Kawayan and other nearby barangays. The residents were concerned about their farms and farm animals. The evacuees returned to their communities after almost a month in the evacuation center.

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Manila to Lucena City and to San Andres town in Quezon. The mercy mission included fact-finding and documentation, medical and dental services, distribution of relief goods and cultural workshops. Psychosocial activities were also provided to children of Brgy. Talisay in San Andres, Quezon and Brgy. San Francisco B in Lopez, Quezon, who are traumatized by the continuous military operations in the area. The AFP attempted to derail the mission several times by throwing metal spikes on the road. The group had to stop several times to replace punctured tires. Streamers that tried to discredit Karapatan were hanged on coconut trees along the highway. Civilians from the community said that the soldiers put up the streamers. The military also distributed leaflets to residents associating Karapatan and the SBPM to the NPA, and accusing Orly Marcellana, SBPM spokesperson, of extorting PhP 5 million from the local government. Earlier, the military also conducted its own medical mission in San Andres. The medical mission was used to discredit the SBPM mercy mission and threatened the people not to participate or they will be killed. During the mercy mission, armed elements of the 74th IBPA and the PNP camped inside the barangay hall near the activity area. Some took pictures of those who are in the activity. When confronted by the delegates, the soldiers and the police refused to give their names. In Catanauan, a man took pictures of the activity but got away before SBPM members could confront him. He left his bag with bullets, handcuffs and an ID card of the Bureau of Jail Management and Penology. Through the

ID card, the man was identified as Alex Baronia. Baronias belongings were later turned over to the local police. The presence of the military was felt throughout the mission, giving alibis that they were supposed to protect the civilians and the mission members. The brgy. captain of Talisay in San Andres claimed that there were no cases of human rights violations in their community and that the military and the police were only aiding in the peace and order of the area. But according to the residents, soldiers forcibly entered their homes, harassing, threatening and accusing them and their family members of being supporters of the NPA. The caravan was even chased by the police to arrest Darwin Bornosto and nine others for trumped up robbery charges, but the group refused to surrender Bornosto. Up to the last day of the mission, the military took pictures and tailed the caravan until it left Lucena City. The AFPs attempt to derail the mercy mission is a desperate act to silence the people of Quezon in exposing their abuses and atrocities in the countryside. Despite the series of harassments encountered by the mercy mission, the activity successfully concluded with more than 1,500 beneficiaries, including 800 children. The significant number of civilians who participated in the mercy mission only proves that the people in Bondoc Peninsula are not cowed; and that they are in need of, among others, basic social services and not battalions of soldiers, who pretend to conduct peace and development programs to deceive and divide the people in the communities. In a way, the SBPM mercy mission was able to force the AFP to bare the real nature of its Civil-Military Operations (CMO).

8 During the said military operation, the military forced Serhing Arguiles from Sitio Landayan, Brgy. Kinabalan and Bebot Selen from SitioTama, Brgy. Kawayan to serve as their guides. Another still unnamed person was asked by the military to cut down bamboo trees to clear the area so their helicopters could land. In the Southern Tagalog region, no amount of civilmilitary operations could disguise Oplan Bayanihans real intent to terrorize, as the AFP fantasizes to wipe out insurgency in the region by yearend. (See Saving Bondoc Peninsula from State Terrorism)

KARAPATAN Monitorpieces of glass and feces; and has very limited access to relatives, lawyers, friends and supporters. In his affidavit, Alcantara said that he was given water that tasted like menthol which, caused his vomiting and diarrhea. There was also a woman who, claiming to be a doctor, gave him medicine after he underwent an ECG. The medicine made Alcantara nauseous and he had palpitations and terrible pain on his neck. It was later learned that the ECG results were not yet final and that the woman was not a doctor but a nurse. Alcantara should be, at the very least, in a civilian facility. Other political prisoners who are in various jails are likewise subjected to over strict prison rules on visitation, and deprived of some rights such as sunning. Worse, they have no access to doctors of their choice. Jaime Soledad, 63, had been out of prison for only nine months when he was rearrested on May 2 at his residence in Brgy. Tinago, Inopacan, Leyte. Soledad was nabbed for double murder charges by joint elements of the police and intelligence agents led by PSInsp Jovy Espinedo, PSInsp Delfin Tan and Inopacan police chief PSInsp Allan Oliveron Cerro, and agents of the Military Intelligence Group in Region 8 and the 19th IB. Earlier, Soledad was released on July 25, 2011 as part of the confidence-building measures at the opening of the peace talks between the Philippine government and the NDFP. He had been in jail since March 25, 2008 after he was arrested in Cavite. Allan Jazmines, another political prisoner, was hastily and stealthily transferred, on June 29, from Camp Crame PNP Custodial Center to Bicutan without giving him enough time to call and consult his legal counsel. Karapatan called the attention of the Department of Interior and Local Government (DILG) and the Commission on Human Rights (CHR). The CHR chairperson apparently was aware of the plan, at least a week before the transfer, but did not take any concrete action to inform Jazmines.

Torture, Illegal Arrests and Detention

As of June 30, there are 385 political prisoners in detention centers and military facilites all over the country. Of the total number, 107 were arrested and detained by the Aquino government. Most, if not all, of them were slapped with fabricated criminal charges. Of note is the case of the consultants of the National Democratic Front of the Philippines (NDFP) on the peace negotiations who are detained because of trumped up charges, despite the Joint Agreement on Safety and Immunity Guarantees (JASIG) that is supposed to protect them from arbitrary arrest and detention. There is also a trend towards instituting more repressive and unjust measures against them in prison, while subjecting them to inhumane treatment and condition. Tirso Alcantara, 59, remains in solitary confinement for more than a year now, in military barracks in Fort Bonifacio, which is a clear violation of his right as a prisoner. He is deprived of proper medical attention despite deterioration of his health condition. Alcantara is deprived of sunning; served with food contaminated with dirt, trash, broken

Photo by Jhun Dantes

Nikki calls for the release of her father, NDFP peace consultant, Renante Gamara. Gamara is detained despite the JASIG.

April - June 2012Region Cordillera Administrative Region Cagayan Valley Ilocos Central Luzon Southern Tagalog Bicol NCR Negros Panay Central Visayas Eastern Visayas Northern Mindanao Caraga Socsksargen Western Mindanao Southern Mindanao ARMM TOTAL No. of PPs 2 10 1 16 35 19 168 17 6 4 22 8 7 9 6 28 27 Women 0 4 1 2 3 0 9 2 0 0 6 0 0 0 1 2 0 NDF Consultants & Staff 0 1 0 1 0 7 1 0 1 1 2 0 0 0 0 0 0 Under PNoy 2 4 1 4 16 10 23 8 0 1 11 2 5 1 1 8 10

9 Program (Kalumaran) and a founding member of Gabriela in Zamboanga del Norte was arrested by PNP men from the Zamboanga Peninsula Police Office for charges of murder with direct assault. The policemen then took Igloria without reading her the Miranda Rights. Upon arrival at the Dipolog Police Station at Sta. Isabel, a police personnel and another person in plainclothes immediately took photos and videos of her. In detention, her blood pressure shot up to 160/90. At 8:30 am the next day, April 26, Igloria was taken to the Dipolog City Health Office supposedly for a medical checkup, but instead, the hospital issued a medical clearance with no check up.

Total Sickly

Elderly

385 48 19

30

TABLE 4: Political Prisoners (as of June 30, 2012)

14

107

Prior to the transfer, the political detainees in Camp Crame already complained of ill-treatment and increasing restrictions both at the PNP Custodial Center and at the Fort Bonifacio Headquarters, PA Custodial Center, 191st MPBn., HHSG, PA where Tirso Alcantara is in solitary confinement. In the past, several attempts were made to isolate Alan Jazmines from his co-detainees in Camp Crame. Jazmines recently figured in the news when he wrote a letter to the Department of Justice, CHR and Karapatan stating that The FBI of the US government maintains an office inside the detention center itself and in a unit in a nearby condominium. On April 3, NDF peace consultant Renante Gamara was arbitrarily arrested by military and police intelligence agents, along with Santiago Balleta, in Las Pias City. The two were about to board their vehicle at the Star Mall parking lot when intelligence agents in plainclothes took them at gunpoint. The state operatives did not read them the Miranda Rights. Instead, the two were handcuffed, blindfolded and forced into separate vehicles. They were brought to the Criminal Investigation and Detection Unit at Camp Crame, where they were interrogated that night. It was only at Crame that the police showed Gamara a warrant for his arrest for trumped up charges of kidnapping, issued on March 23, 2012 by a trial court judge in Mauban, Quezon. The police did not have an arrest warrant for Balleta, but he was charged the next day with obstruction of justice. He was released on bail on April 12, while Gamara remains in detention at the Camp Crame Custodial Center. On April 25, health worker Helen Igloria of the Kusog sa Katawhang Lumad sa Mindanao Health

Threat, harassment, intimidation

A would-be victim of abduction was saved when he and his whole family stood their ground against soldiers. On May 9, after midnight, at least nine soldiers of the 74th IB in fatigue uniform and others in civilian clothes came to the house of Christopher Prieto, 33, in sitio Philseed, Barangay Cambuga, Mulanay, Quezon, and peeked into the windows. When Christopher asked who they were, a soldier pretended to be a village councilor, but could not give a name when Cristopher asked. The same soldier asked Christopher to come out of his house. The soldiers asked Christopher if he saw armed men pass by, referring to NPA rebels, to which Christopher said there were a number who did. The soldiers then told Christopher to come with them but his wife and five children heard this and they all got up and put their arms around Christopher and said they will come with them, too. A soldier then took out a pistol and at gunpoint, threatened to take Christopher and his family, but the latter held his ground. The soldiers eventually left at 3 am. On May 11, at around 11am, four soldiers of the 3rd IB came looking for Alvin Hafalla, 21, at his house in Lubong village, Santa Lucia, Ilocos Sur. One of the soldiers introduced himself as Ronald, claiming that he was an NPA who surrendered to the military. Ronald showed Alvin a picture of him (Alvin) and his relatives who he said were included in the Order of Battle (OB) of the military. Ronald and a Sgt. Peralta said that they have a record of him and that he needed to clear his name at their camp. Alvin refuted their claims, and insisted that he is a civilian and employed as a construction worker under Engr. Joel Hafalla.

10 He insisted that he didnt need to clear his name because their accusations were not true. Fearing for Alvin, his family requested the barangay chair to come and vouch for Alvin. The

KARAPATAN Monitorbarangay chair confirmed to the soldiers that Alvin is a legitimate resident of their barangay and is not a member of the NPA. The soldiers said that they will come back and bring another NPA surrenderee to prove their claim.

W

ith his two years of presidency and three State of the Nation Address (SONA), Noynoy Aquino has already done his own version of unsheathing the sword of war and he has no more pretensions about it. The second year of the implementation of Aquinos Oplan Bayanihan may be punctuated with shamelessly deceptive slogans on economic development and human rights to prop up the administrations image especially in the international community. But the Filipino people have seen the truth behind the cacophony of these lies. The severe landlessness and hunger, the multitudes of jobless and the growing number of homeless are more stinging realities, more visible and felt than any other PR spin from Malacaang. Aquino is now openly repressive after a pat on the back from his imperialist bosses when he visited US President Obama at the White House. The peoples victory in the struggle against anti-people and anti-national policies and programs, against land monopoly and foreign domination continues to shake the foundations of an oppressive and exploitative system, now represented by the Aquino government. The bombs, the firing of guns, the killings are the governments militarist ways to suppress and terrorize the people who refuse to be deceived and silenced. As peoples resistance and struggles intensify, the so-called pro-people, pro-human rights posturing of Oplan Bayanihan is being shed off, revealing its fascist character. As shown in the case of the Bondoc Peninsula, even the so-called medical and other humanitarian missions of Oplan Bayanihans Civil-Military Operation (CMO) were clearly used to discredit those who dare expose the AFPs abuses and to terrorize the people in the communities to silence them. That impunity and injustice still reign can no longer be hidden from the Filipino people and the international community. That the people are united to frustrate the Aquino governments terror attacks is evident and just.

April - June 2012

11

SPECIAL REPORTround 69 countries quizzed the Government of the Philippines (GPH) on its human rights record on May 29, 2012 in Geneva, Switzerland. The GPH went through the second cycle of the Universal Periodic Review (UPR) of the United Nations Human Rights Council. At least 22 countries called attention to the spate of extrajudicial killings, enforced disappearances and torture, and the prevailing Impunity. There were calls for the prosecution of perpetrators like fugitive Maj. Gen. Jovito Palparan Jr., the dismantling of paramilitary units and adherence to laws that aim to prevent HRVs. Concern was raised on the violations of the rights of journalists and human rights defenders. Some urged the GPH to act on requests of UN Special Rapporteurs to visit the Philippines.

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PH govt hounded by persistent concerns on HRVs at UN rights reviewThe Australian mission urged the GPH to arrest fugitive Gen. Jovito Palparan, who is wanted for the abduction of two UP activists. Japan said that, extrajudicial killings continue as a significant political issue. The United Kingdom, Spain and the Holy See called on the GPH to completely eradicate extrajudicial killings. The United States said that impunity in human rights violations continued. It cited institutional barriers to the attainment of justice for victims of rights abuse. Ireland called for decisive measures to address the problems while Germany pushed for the strengthening of accountability mechanisms and the conduct of impartial investigations in cases involving state forces. It also reminded the GPH of the recommendations of Prof. Philip Alston, former Special Rapporteur on extrajudicial, summary and arbitrary executions. The Netherlands asked that the issue of impunity be addressed and called for the prosecution, trial and conviction of perpetrators. Denmark called for the full implementation of the anti-torture law, saying that state forces are still involved in abuses. Belgium asked the GPH to come up with measures to record cases of EJKs and urged the ratification of the convention against enforced disappearances. Spain and Canada particularly took note of and called for the dismantling of all paramilitary groups and militias, a position that has gained support after the Maguindanao massacre in 2009. The latter minced no words, saying that despite training programs on human rights for security forces, their human rights violations are still serious and all too widespread. Austria expressed concern over attacks on journalists and cases of torture. France said it was alarmed by extrajudicial killings and enforced disappearances and continuing violations against journalists and human rights defenders. The questions and comments from the foreign missions were directed to the GPH delegation headed by Justice Secretary Leila de Lima. At least six countries asked the Philippines to act on requests of UN Special Rapporteurs who want to visit the Philippines to examine the rights situation in the country. To this, de Lima replied that they are still studying the requests and said the government cannot act on all requests because of alleged shortage of resources. We view the questions and statements by the different foreign missions as manifestation of the concern of the international community on the human rights situation. They know that the Philippine government has not lived up to its commitment to completely eliminate extrajudicial killings, enforced disappearances and torture. The language used may have been diplomatic, but clearly the international community wants the Philippine government to do more, said Fr. Jonash Joyohoy of the National Council of Churches in the Philippines (NCCP) and co-head of delegation of the Philippine UPR Watch which conducted a lobby at the UN and held with dialogues with diplomatic missions during the UPR. The questions raised by the foreign missions were almost identical to those we have submitted to them prior to the UN session. Human rights defenders, the victims and their families submitted reports that belie the overstated achievements of the Philippine government. We count 76 victims of extrajudicial killings since Aquino took office (as of March 20, 2012). While the GPH claims a dramatic decline in the killings, our data shows that the GPH failed to eliminate these violations, said Karapatan chair Marie Enriquez.

Selective presentation of data

Notably, De Lima only reported selective issues such as the inefficient Pantawid Pamilyang Pilipino Program (4Ps) and the fight against illegal trafficking. She mentioned the enactment of a few local legislation and ratifications of some international instruments. Atty. Edre Olalia, Secretary General of the National Union of Peoples Lawyers (NUPL) said that, the GPH report drowned the more essential issues such as the almost nil conviction rate of perpetrators of rights abuses, the failure of the Aquino government to press charges and arrest suspects, and the continuing effects of the governments counter-insurgency program on the people. There is basically deafening silence from the GPH on all these issues.(Continued on page 12, PH Govt hounded...)

12(PH Govt hounded...from page 11)

KARAPATAN MonitorCristina Palabay, Karapatan spokesperson, said, the government failed to report intense militarization in the communities of farmers and indigenous and Moro peoples ancestral lands to pave way for mining operations and violations of migrant and childrens rights. Curtailment of other civil and political rights are perpetrated alongside violations of economic, social and cultural rights. There is a marked increase in the cases of EJK, disappearances, harassment and vilification of human rights defenders. Even on the issue of social and economic rights, the GPH report was very selective in its presentation. Bayan Secretary General Renato Reyes, Jr. said, It only highlighted the so-called achievements in the conditional cash transfer program while glossing over rising poverty, unemployment and hunger. Present during the session were two Filipino human rights victimsFil-Am activist and survivor of torture and disappearance, Melissa Roxas, and Aklan municipal councilor Ernan Baldomero, son of slain councilor Fernando Baldomero. Fernando was the first victim of extrajudicial killing under the Aquino administration. Leaders from Karapatan, NCCP, Bayan, Tanggol Bayi, NUPL, KAMP, MCPA-Kawagib, Childrens Rehabilitation Center, Defend Job Philippines, Migrante, Cordillera Peoples Alliance, Promotion of Church Peoples Response, IFI-Ramento Project for Rights Defenders, Migrante International, International Coordinating Committee on Human Rights in the Philippines (ICCHRP) and Campaign for Human Rights in the Philippines-United Kingdom and CHRP-Switzerland also attended the session. Before the session, the UPR Watch delegates flashed their tablets with calls to end extrajudicial killings and impunity in the Philippines. A picket by the members of the delegation and friends from various international and migrant organizations was also held outside the UN after the UPR session on the Philippines.

The call to arrest Palparan echoed in the halls of the United Nations as diplomatic missions raised concern on the continuing EJK under Aquino.

is released quarterly by Karapatan (Alliance for the Advancement of Peoples Rights)National Office: 2nd Flr. Erythrina Bldg. #1 Maaralin St., Central District, Quezon City 1100 Telefax: (+63 2) 4354146 / 4342837 E-mail: docu@karapatan.org | Website: www.karapatan.org

KARAPATAN Monitor

Published in partnership with the National Council of Churches in the Philippines under the Defending the Defenders Program promoting human rights and the protection of human rights defenders. This publication is produced with the assistance of the European Union.

The contents of this publication are the sole responsibility of KARAPATAN and can in no way be taken to reflect the views of the European Union.