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PHILIPPINES: No protection to indigenous villagers facing threats three months on

July 25, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-134-2012

25 July 2012
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PHILIPPINES: No protection to indigenous villagers facing threats three months on

ISSUES: Extrajudicial killing; human rights defenders; indigenous people
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STOP EXTRAJUDICIAL KILLINGS
http://www.pinoyhr.net/
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Dear Friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the inaction of the police to protect indigenous villagers facing threats. They complained against members of the Intelligence Network in their village; however, three months on, no protection has been provided and no investigation has been conducted. The threats against the villagers began when they made claims as beneficiaries of their ancestral land.

CASE DETAILS: (According to information received from Nagkahiusang Mag-uuma sa Davao del Sur (NAMADDS) or United Farmers in Davao del Sur)

Photo of the four victimsThose threatened first were couple Loreto, Jr. and Mylen. On April 29, 2012 they reported to the Malalag Municipal Police Station (MMPS) complaining against Angelito "Lito" Libay, a member of Barangay (Village) Intelligence Network (BIN); and his companion, Nemesio Legaspi. The couple said Libay and Legapi were carrying firearms when they went into their house. They accused the couple of being members of a rebel group, the New People's Army (NPA).

Victims: (from left) Reynaldo Libay, Noli Cambo, Daniedo Cambo & Loreto Cambo.

Libay told the couple he would make sure they would be excluded as beneficiaries from Pantawid Pamilyang Pilipino Program (4Ps) of the Department of Social Welfare and Development (DSWD). The 4Ps is the government's cash transfer program for the poor families. Loreto explained in Cebuano about the threat to him, his wife and his children in this interview. The extract of unofficial translation of the complaint in Cebuano is:

"While we were having our dinner at home together with our three children, suddenly Angelito "Lito" Libay arrived. He covered his face with his shirt; he was half-naked and had a gun at his right waist. He was accompanied by Nemesio Legaspi, who lives in Purok 3, Barangay (village) Bolton, Malalag, Davao del Sur.

According to Angelito Libay "the 36 members of NAMADDS are NPA. He also said "you will be removed from 4Ps because you are members of NAMADDS who are NPAs. I have decided for that. At 8am tomorrow (April 29) village chairperson Melvin Cabije has asked you to attend a meeting where the police will join to make sure you will be removed from the program because your joined NAMADDS who are NPAs."

When Arnel Cambo, a relative of Loreto, arrives at their house later, he also joined the conversation by asking Libay what NAMADDS (Nagkahiusang Mag-uuma sa Davao del Sur or United Farmers in Davao del Sur) is about. Here, the couple further complained:

"…the NAMADDS are NPAs (said Libay) and Nemesio Legaspi told him (Arnel) shut up there, Nol! What do you want Nol? Do you me to ask the police to pick you up? Here, Arnel "Nole" Cambo left and Lito Libay told Nemesio, "Let's go buddy, should Nole do something else, you have firearm there."

After Arnel left, few minutes later he and another indigenous villager, Reynaldo Libay, met Nemesio, his wife Mercy and their son Bong Bong, at the roadside. In their separate complaint they made to the police, they claimed that when they greeted Nemesio's "good evening", they were told:

"You're only ten thousand pesos and his wife said: "don't be like that otherwise I would not hesitate to hit you (Reynaldo) now" then she told her son to leave that would come back later for me (Reynaldo). Because of this, me and Arnel were worried because the way how we understood about what Nemesio had told us is that our life is only worth (P5,000) because he had been accusing us of being an NPA."

Arnel also explained in Cebuano the threat to him in this interview.

PhilippinesPhoto: Gunshot wounds that Daniedo Cambo suffered.

The threats on the couple, Mylen and Loreto, and Arnel Cambo and Reynaldo Libay, cannot be taken lightly. Few days before the threats were made on them, Daniedo Cambo, also a relative of the Cambo, was shot. On April 26, 2012, Daniedo was leaving from his uncle, Eduardo Danton's house, walking in the middle of the banana plantation when he was shot by the security guards. Daniedo suffered gunshot wounds to his shoulder and abdomen. He, however, managed to run away and his neighbor took him to the hospital.

On April 27, 2012, while he was in hospital the police officers from the Malalag Municipal Police Station (MMPS) arrived and conducted an investigation on him. Here, the police accused him of being a member of New People’s Army (NPA) and conjectured that the gunshot he suffered could have been a result of a gunfight. He told the police: "If I am NPA, I do not have Philhealth (a government health care service)".

Like his fellow indigenous villagers, Daniedo had to endure the fear as a result of the police tagging of him and other indigenous villagers as members of a rebel group. The tagging on him and the threats on the villagers began when they joined and were involved with the work of NAMADDS. The group had been deeply involved in helping indigenous villager in claiming for their ancestral land in Malalag, Davao del Sur.

The situation with regard to the Banana plantation in Barangay Bolton, Malalag, Davao del Sur, Mindanao, has been very contentious since 1950. The local villagers interviewed both from inside and near the banana plantation indicated that they have been more than 100 people killed inside the plantation as a result of the land conflict.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below asking for their immediate intervention to ensure that protection are afforded to the victims and that their complaints are investigated thoroughly.

The AHRC is also writing separate letters to the Special Rapporteurs on extrajudicial, summary or arbitrary executions, on the situation of human rights defenders and on the rights of indigenous peoples for their intervention on this case.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear _______________,

Re: PHILIPPINES: No protection to indigenous villagers facing threats three months on

CASE 1:
Name of the victims:
Mylen Cambo, and her husband,
Loreto Cambo, resident of Purok 3, Bolton, Malalag, Davao del Sur. They belong to an indigenous tribe, Taga-Kaulo.
Date of incident: April 28, 2012
Place of incident: Purok 3, Bolton, Malalag, Davao del Sur
Alleged perpetrators:
Angelito Libay and Nemisio Legaspi, both are members of the Barangay (village) Intelligence Network (BIN)

CASE 2:
Name of the victims:
Arnel “Nole" Cambo, 22 years old.
Reynaldo Libay, 33
They are residents of Purok 3, Bolton, Malalag, Davao del Sur and belongs to an indigenous tribe, Taga-Kaulo. They are members of NAMADDS
Date of incident: April 28, 2012, 7:25 in the evening
Place of incident: Purok 3, Bolton, Malalag, Davao del Sur
Alleged perpetrators:
Nemisio Legaspi, a member of the Barangay Intelligence Network (BIN)

Status of the complaint: For Case 1 & 2, the victim made their separate complaints to the Malalag Municipal Police Station (MMPS), in Davao del Sur, asking for protection and investigation. However, after three months neither the police provided protection nor conducted a thorough investigation.

CASE 3:
Name of the victim: Daniedo Cambo, 26, a farmer and resident of Purok 3, Bolton, Malalag, Davao del Sur. He belongs to an indigenous tribe, Taga-Kaulo.
Date of incident: April 26, 2012
Place of incident: Purok 3, Bolton, Malalag, Davao del Sur
Status of the complaint: Those responsible in the shooting are yet to be identified. The police did conducted an investigation into his shooting; however, instead of identifying who were responsible in shooting him they conjectured the victim could be a rebel who was injured in a gunfight seeking medical treatment.

I am writing to express my disappointment at the continued inaction by the local police in Malalag, Davao del Sur, to ensure the safety and to conduct a thorough investigation into the complaints made by four indigenous villagers named above. The victims had informed the police of the threats that they were receiving from two persons who are attached to the intelligence network working with the police in their village.

The perpetrators, namely Angelito Libay and Nemisio Legaspi, both members of the Barangay (village) Intelligence Network (BIN), threatened the four victims named in Case 1 and 2; and accused them of being members of a rebel group, the New People's Army (NPA), because they were members of a people organization, NAMADDS (Nagkahiusang Mag-uuma sa Davao del Sur (NAMADDS) or United Farmers in Davao del Sur).

The threats on them began when the victims joined the NAMADDS who helped the local indigenous villagers to claim their ancestral land, which is now owned and controlled by wealthy corporation and families operating a banana plantation.

In their report to the police on April 29, 2012, couple Mylen and Loreto, Jr. quoted Libay and Legaspi threatening them to be excluded from a government's welfare program for the poor families. They also accused the couple of being members of a rebel group for joining a people's oganisation helping indigenous villagers claim their land. They were told:

"…the 36 members of NAMADDS are NPA. He also said "you will be removed from 4Ps because you are members of NAMADDS who are NPAs. I have decided for that. At 8am tomorrow (April 29) village chairperson Melvin Cabije have asked you to attend a meeting where the police will join to make sure you will be removed from the program because your joined NAMADDS who are NPAs."

On that same occasion, Arnel Cambo, their relative and also a member of NAMADDS, came to their house and joined the conversation. Here, Libay and Legaspi told him:

"…the NAMADDS are NPAs (said Libay) and Nemesio Legaspi told him (Arnel) shut up there, Nol! What do you want Nol? Do you me to ask the police to pick you up? Here, Arnel "Nole" Cambo left and Lito Libay told Nemesio, "Let's go buddy, should Nole do something else, you have firearm there."

Shortly after, Arnel Cambo and another person, Reynaldo Libay, were at the roadside when they met Legaspi, his wife Mercy and son Bong Bong. Here, when they greeted Legaspi, the latter threatened them saying:

"You're only ten thousand pesos and his wife said: "don't be like that otherwise I would not hesitate to hit you (Reynaldo) now" then she told her son to leave that would come back later for me (Reynaldo). Because of this, me and Arnel were worried because the way how we understood about what Nemesio had told us is that our life is only worth (P5,000) because he had been accusing us of being an NPA."

These complaints by the victims cannot be taken lightly. In fact, on April 26, one of the indigenous villagers mentioned in Case 3, Daniedo Cambo, was shot, allegedly by the security guards at the banana plantation. The police did investigate the shooting; however, instead of identifying who were responsible in shooting him, they conjectured that he was rebel wounded in a gunfight because of the gunshot he had.

Also, I am aware that three months after the victims made their complaints at the local police station no action has been taken by the police. I am deeply disappointed by the inaction and outright disregard by the police in this case. The failure of the police to act promptly despite the urgency of this case is not acceptable. I therefore urged you to ensure without delay the safety of these victims.

Those responsible in threatening the victims, particularly the two members of the village intelligence network mentioned above, must be investigated. The local police whom they are working with must also provide explanations to clear to which persons these intelligence officers are responsible for and on what basis they are taking action for. They must be held to accountable on their actions.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Director General Nicanor Bartolome
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com

4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-134-2012
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.