PHILIPPINES: Government petition lists human rights defenders as “terrorists”

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-029-2018
ISSUES: Fabrication of charges, Freedom of association, Human rights defenders, Terrorism & human rights,

Dear Friends,

The Asian Human Rights Commission (AHRC) writes to inform you regarding the labeling of human rights defenders and activists as terrorists. The human rights defenders in the petition belong and serve to their respective organisations.

CASE NARRATIVE:

Based on the documentation by the Alliance for the Advancement of People’s Rights (KARAPATAN)

On 21 February 2018, a petition to proscribe the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) as terrorist organizations was filed by Peter Ong, Senior Assistant State Prosecutor, at a regional court in Manila. The petition is filed pursuant to Section 17 of RA no. 9372 or Human Security Act of 2007.

The petition named at least 600 individuals, including the following human rights defenders:

Victoria Tauli Corpuz, current United Nations Special Rapporteur on the Rights of Indigenous Peoples, former Chairperson of the UN Permanent Forum on Indigenous Peoples and former Secretary General of the Cordillera Peoples Alliance (CPA);

Elisa Tita Lubi, current Karapatan National Executive Committee member, former interim Regional Coordinator of the Asia Pacific Forum on Women, Law and Development (APWLD) and founding Vice Chairperson of Gabriela Women’s Party;

Beverly Longid, current global coordinator of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), former CPA Chair and current Advisory Council member;

Joan Carling, current Member and Co-Convenor of the Indigenous Peoples Major Group for the Sustainable Development Goals, former Secretary General of the Asian Indigenous Peoples’ Pact (AIPP), and former member of the UN Permanent Forum on Indigenous Issues;

Atty. Jose Molintas, former Asia representative to the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), former CPA Chair and current Advisory Council member;

Joanna Cariño, member of the CPA Advisory Council and Co-Chair of the SANDUGO Movement of Moro and Indigenous Peoples for Self Determination;

Windel Bolinget, current Chairperson of the CPA and National Co-convenor of KATRIBU National Alliance of Indigenous Peoples in the Philippines;

Jeanette Ribaya-Cawiding, former Chairperson of CPA-Tongtongan ti Umili and current Regional Coordinator of the Alliance of Concerned Teachers – Cordillera;

Sherwin de Vera, Regional Coordinator of DEFEND Ilocos, member of the Save The Abra River Movement (STARM) and former Secretary General of the Ilocos Human Rights Alliance-Karapatan

Datu Isidro Indao, Matigsalog-Manobo village chief, council member of the PASAKA Lumad Confederation in Southern Mindanao and an active member of the Parent-Teacher Community Association of the Lumad school run by the Mindanao Interfaith Services Foundation, Inc.;

Datu Mandayhon Han-ayan, Talaandig village chief in Malaybalay, Bukid and member of the PIGYAYONGAAN Lumad organization;

Datu Mandayhon, a Talaandig village chief and member of the PIGYAYONGAAN Lumad organization;

Sergio Lumonday, a Manobo and the Tinananon Kulamanon Lumadnong Panaghiusa secretary general;

Zara Alvarez, Research and Advocacy Officer of the Negros Island Health Integrated Program (NIHIP) and former Campaign and Education Director of Karapatan-Negros chapter

Romulo Bito-on, Regional Coordinator of Makabayan-Negros and member of the Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA)

Rogina Navarro Quilop, Administrative Officer of the Center for People’s Resources and Services (CPRS)-Negros

Isidro Castillo, former Chairperson of the National Federation of Sugar Workers (NFSW)

Arnold Evangelista and Erlindo Baes, officers of the Batangas Human Rights Alliance-Karapatan

The list also includes numerous aliases and John and Jane Does, making it vulnerable for inclusion of more names. This listing is a take-off from the creation and enforcement of Order of Battle (OB) lists during the Gloria Arroyo and Noynoy Aquino regimes. Persons listed in the OB often ended up arrested based on false charges, incarcerated, tortured, disappeared and killed. A petition to proscribe human rights defenders and political activists as “terrorist” or “enemies of the state.” exposes them to human rights violations. The petition has also made the government’s abuse of power in suppressing dissent seem ‘normal’ to the public. The creation and enforcement of this list is part of the government’s ongoing counter-insurgency programs which, under Duterte, is now named Oplan Kapayapaan (Operational Plan Peace).

The inclusion of Tauli Corpuz’s name is also a clear case of reprisal from the Duterte government for Corpuz’s expressed concern over possible cases of human rights violations against indigenous communities affected by the imposition of martial law in Mindanao. She and another UN Special Rapporteur released a statement in response to a letter of allegation submitted by Karapatan to her office. On 13 March 2018, Karapatan submitted complaints to United Nations Special Rapporteur on the Situation of Human Rights Defenders Michel Forst, and UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Annalisa Ciampi regarding the proscription of the Justice Department against the 600 activists.

According to Cristina Palabay, “Duterte is sending out a warning, a threat that anyone who goes against his government will be immediately labeled a “terrorist”, a tag that incites violence against individuals and justifies rights violations against them. The process of listing individuals is very arbitrary, malicious, and highly irresponsible.” 

ADDITIONAL INFORMATION:

Prior to this, President Rodrigo Duterte created the Inter-Agency Committee on Legal Action (IACLA) on October 11, 2017 to go after perceived “enemies of the state.” He subsequently threatened a crackdown on progressive groups, using draconian measures such as the anti-terror law to arrest leaders and members of mass organizations, after unilaterally terminating the government’s peace talks with the National Democratic Front of the Philippines (NDFP). He also threatened human rights advocates and attacked independent experts seeking to investigate extrajudicial killings and other rights violations in the country. Since Duterte’s assumption to the presidency, Karapatan had already received several cases of illegal arrests and detention involving development workers, rights defenders and peasant leaders. Mass arrests intensified after Duterte’s ramblings, with more violations on people’s civil and political rights blatantly perpetrated by the police and the military.

SUGGESTED ACTION:

Please write letters to the authorities listed below expressing your concern about the case.

The AHRC is writing a separate letter to the UN Special Rapporteur on the situation of human rights defenders and on the Rights to Freedom of Peaceful Assembly and of Association.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PHILIPPINES: A government petition that listed 600 persons for proscription as “terrorists” includes human rights defenders

Name of victims:

1. Victoria Tauli Corpuz, current United Nations Special Rapporteur on the Rights of Indigenous Peoples, former Chairperson of the UN Permanent Forum on Indigenous Peoples and former Secretary General of the Cordillera Peoples Alliance (CPA);
2. Elisa Tita Lubi, current Karapatan National Executive Committee member, former interim Regional Coordinator of the Asia Pacific Forum on Women, Law and Development (APWLD) and founding Vice Chairperson of Gabriela Women’s Party; 
3. Beverly Longid, current global coordinator of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), former CPA Chair and current Advisory Council member;
4. Joan Carling, current Member and Co-Convenor of the Indigenous Peoples Major Group for the Sustainable Development Goals, former Secretary General of the Asian Indigenous Peoples’ Pact (AIPP), and former member of the UN Permanent Forum on Indigenous Issues;
5. Atty. Jose Molintas, former Asia representative to the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), former CPA Chair and current Advisory Council member;
6. Joanna Cariño, member of the CPA Advisory Council and Co-Chair of the SANDUGO Movement of Moro and Indigenous Peoples for Self Determination;
7. Windel Bolinget, current Chairperson of the CPA and National Co-convenor of KATRIBU National Alliance of Indigenous Peoples in the Philippines;
8. Jeanette Ribaya-Cawiding, former Chairperson of CPA-Tongtongan ti Umili and current Regional Coordinator of the Alliance of Concerned Teachers – Cordillera;
9. Sherwin de Vera, Regional Coordinator of DEFEND Ilocos, member of the Save The Abra River Movement (STARM) and former Secretary General of the Ilocos Human Rights Alliance-Karapatan
10. Datu Isidro Indao, Matigsalog-Manobo village chief, council member of the PASAKA Lumad Confederation in Southern Mindanao and an active member of the Parent-Teacher Community Association of the Lumad school run by the Mindanao Interfaith Services Foundation, Inc.;
11. Datu Mandayhon Han-ayan, Talaandig village chief in Malaybalay, Bukid and member of the PIGYAYONGAAN Lumad organization;
12. Datu Mandayhon, a Talaandig village chief and member of the PIGYAYONGAAN Lumad organization;
13. Sergio Lumonday, a Manobo and the Tinananon Kulamanon Lumadnong Panaghiusa secretary general;
14. Zara Alvarez, Research and Advocacy Officer of the Negros Island Health Integrated Program (NIHIP) and former Campaign and Education Director of Karapatan-Negros chapter
15. Romulo Bito-on, Regional Coordinator of Makabayan-Negros and member of the Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA)
16. Rogina Navarro Quilop, Administrative Officer of the Center for People’s Resources and Services (CPRS)-Negros
17. Isidro Castillo, former Chairperson of the National Federation of Sugar Workers (NFSW)
18. Arnold Evangelista and 
19. Erlindo Baes, both officers of the Batangas Human Rights Alliance-Karapatan

Status of the case: All of them together with 600 activists were charged with RA 9372 or Human Security Act of 2007. 

I am writing to express my serious concerns regarding the petition to proscribe human rights defenders and at least 600 other activists as terrorists.

The petition was filed by Peter Ong, Senior Assistant State Prosecutor, at a regional court in Manila on 21 February 2018, labelling the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) as terrorist organizations. The list also includes numerous aliases and John and Jane Does, making it vulnerable for inclusion of more names in the petition.

Furthermore, the terror list will put human rights defenders in vulnerable situations, with state security forces ready to pounce on them at the directive of their Commander-in-Chief. This will have chilling effects on the ground, especially for human rights work.

I urge the concerned authorities to withdraw the petition, and to review and repeal RA9372 or Human Security Act of 2007. Furthermore, the Inter-Agency Committee on Legal Action (IACLA) should be abolished. I am concerned that this Committee legitimizes and systemizes the filing of fabricated charges. I urge the government to resume the peace negotiations with the National Democratic Front of the Philippines, and to comply with the agreements, laws, and international human rights instruments it is party to. As a state party it has the duty to promote and protect peoples’ rights.

I trust that you will take appropriate action in this.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Rodrigo Duterte
President
Republic of the Philippines

Malacañang Palace,
JP Laurel St., San Miguel
Manila, 1005
Philippines
Fax: (+632) 742-1641 / 929-3968
E-mail: op-proper@gov.ph

2. Mr. Menardo Guevarra
Secretary
Department of Justice
Padre Faura St., Manila, 1004
Philippines 
Fax: (+632) 521-1614
Email: communications@doj.gov.ph

3. Mr. Jose Luis Martin Gascon
Chairperson
Commission on Human Rights
SAAC Bldg., UP Complex, Commonwealth Avenue
Diliman, Quezon City, Philippines
Fax: (+632) 929 0102
Email: chairgascon.chr@gmail.com

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-029-2018
Countries : Philippines,
Issues : Fabrication of charges, Freedom of association, Human rights defenders, Terrorism & human rights,