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PHILIPPINES: Activist working for indigenous communities killed; four others face serious threats in Agusan del Sur, Mindanao

February 8, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

8 February 2006
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UA-057-2006: PHILIPPINES: Activist working for indigenous communities killed; four others face serious threats in Agusan del Sur, Mindanao

PHILIPPINES: Extra-judicial killing and threats against human rights activists; inadequate police investigation; violence against villagers by paramilitary unit sponsored by the military
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Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that another human rights activist, Mateo Morales, has been killed. Morales was killed in his house in San Luis, Agusan del Sur, Mindanao on 24 January 2006. Morales suffered a fatal gunshot wound to his chest and died on his way to hospital. Although the perpetrator has not been identified, there are indications that he may have had connections with the civilian militia unit, the Citizens Armed Forces Geographical Unit (Cafgu), attached to the 29th Infantry Battalion of the Philippine Army operating in the area.

Days after Morales’ shooting, about four to six unidentified armed Cafgu were seen close to the victim’s house during the wake. On January 26, two unidentified armed men also tried to gain entry into the house where Morales’ colleague at the Religious of the Good Shepherd (RGS) – Tribal Filipino Ministry was staying, but they failed. Morales’ wife Aileen believes that the Cafgu could be involved in his death. Aileen’s concern, however, has not been investigated by the San Luis Municipal Police Station (SLMPS).

Additionally, there have been threats and attempts made on the lives of staff and community leaders working with the Ministry which indicates that they may have been perpetrated by Cafgu prior to or subsequent to Morales’ death. Those who have faced threats are staff members, Ricky Martinez, Bernaldo Jalosjos and Ely Ybanez and tribal leader Manbalanio Badbaran. The Ministry is working for the welfare of the Banwaon and Manobo tribal communities in the area.

A reliable source said the result of the investigation made by San Luis Municipal Station head Police Senior Inspector Nilo Teodoro Texon into Morales’ case was not impartial and has failed to reach any conclusive findings. Texon reportedly did not include the version of the victim’s family and incidents prior to Morales’ death indicating the alleged possible involvement of the Cafgu.

There have, however, been several incidents of violence allegedly perpetrated by Cafgu against the villagers associated with the Ministry. On 17 November 2005, unidentified armed men attempted to break into one of the houses of the Ministry’s community leader while he was sleeping. There were traces of combat boots prints surrounding the house found the next day.  That evening, the armed men returned and were able to gain entry into the house but the leader had already fled by the time.

On 24 November 2005, a motorcycle driver associated with the Ministry was shot by a Cafgu member. On 9 December 2005, another Cafgu member publicly threatened a community leader that he would be killed if he continued his work with the Ministry. On 22 January 2006, another Cafgu member pointed his gun at a civilian because he was somehow connected to the religious sisters managing the Ministry. Had it not been for the intervention of a bystander he would not have been freed.

It is also reported that the military filed charges of rebellion against one of the Ministry’s sisters, Sister Mary John Dumaug, RGS, who has been involved in managing the Ministry’s programmes. The charge against her was, however, dismissed by the court for lack of evidence.

The violence by Cafgu members and the inaction by the 29th Infantry Battalion to investigate and impose sanctions on them were alleged to be part of an effort to intentionally restrain the operation of the Ministry in the area. The Ministry has been vocal in denouncing the alleged human rights violations perpetrated by the Cafgu members and the military in tribal communities for years.

SUGGESTED ACTION:

Please write letters to concerned government agencies requesting for an impartial investigation into Mateo Morales’ case. The Citizens Armed Forces Geographical Unit (Cafgu) members attached to the 29th Infantry Battalion, Philippine Army, should be investigated without delay to answer to the allegations made against them. An investigation into the Cafgu members’ alleged violence, threats and abuses against villagers must also be investigated. The military officials concerned where this Cafgu is attached must also be investigated for their failure to investigate and impose sanctions on them.

Finally, please request the Philippine government to take appropriate action in disbanding the Cafgu without delay in accordance with the recommendation of the United Nations Working Group on Enforced and Involuntary Disappearances and the Special Rapporteur on Torture during the 47th session of the UNCHR in 1991.


Suggested letter:

Dear ________,

PHILIPPINES: Activist working for indigenous communities killed; four others face serious threats in Agusan del Sur, Mindanao

Name of victim killed: Mateo Morales, a resident of Barangay (village) Dona Flavia, San Luis, Agusan del Sur. He was a staff member of the Religious of the Good Shepherd (RGS) – Tribal Filipino Ministry.
Name of alleged perpetrators: Elements of the Citizens Armed Forces Geographical Unit (Cafgu) attached to the 29th Infantry Battalion, Philippine Army, headed by Lieutenant Colonel Taboga
Date of incident: 24 January 2006
Place of incident: At his house in Barangay (village) Dona Flavia, San Luis, Agusan del Sur, Mindanao
Name of victims facing threats: Ricky Martinez, Bernaldo Jalosjos and Ely Ybanez, all staff members of the Ministry, and tribal leader Manbalanio Badbaran.

I am writing to draw your attention to the case of Mateo Morales, a human rights activist who was killed on 24 January 2006 in his house in Barangay (village) Dona Flavia, San Luis, Agusan del Sur. Morales, a staff member of the Religious of the Good Shepherd (RGS) – Tribal Filipino Ministry, suffered a fatal gunshot wound to the chest and died while on his way to the hospital.

I have learned that after Morales’ shooting four to six unidentified armed members of the Citizens Armed Forces Geographical Unit (Cafgu) were seen close to the victim’s house during a wake. On January 26, two unidentified armed men also tried to gain entry into the house where Morales’ colleague was staying, but they failed. Morales’ wife Aileen believes that the Cafgu could be involved in his death. Aileen’s concern, however, has not been investigated properly by the San Luis Municipal Police Station (SLMPS).

Although the San Agustin Municipal Police Station (SAMPS) conducted their investigation, I am deeply concerned that allegations of the possible involvement by the Cafgu attached to the 29th Infantry Battalion, Philippine Army, into Morales’ death have not been investigated adequately. I have leaned that the police have allegedly not considered the allegations of Cafgu’s involvement in Morales death.

Additionally, I have also learned about the threats and attempts made on the other staff and community leaders working with the Ministry. Those who face threats are staff members Ricky Martinez, Bernaldo Jalosjos and Ely Ybanez and tribal leader Manbalanio Badbaran. The Ministry works for the welfare of the Banwaon and Manobo tribal communities in the area.

Prior to Morales’ death, there were already reports of violence and abuses allegedly perpetrated by members of Cafgu. I am extremely disappointed that despite these allegations members of the Cafgu have not been investigated. On 24 November 2005, a motorcycle driver associated with the Ministry was shot by a Cafgu member. On 9 December 2005, another Cafgu member allegedly publicly threatened to kill a community leader. On January 22, another Cafgu member pointed his gun at a civilian who is closely associated with the religious sisters managing the Ministry.

I am extremely disappointed that despite these alleged incidents of violence and abuse perpetrated by the Cafgu members no sanctions have been imposed upon them by the military unit concerned to which they are attached. I am deeply concerned by the failure of the military officials, in particular the 29th IB, in holding the Cafgu members involved accountable for these incidents.

I therefore urge the concerned governed agencies to commence an impartial investigation into Morales’ case, the threats against the four activists, and the alleged violence perpetrated by the Cafgu members. The military officials concerned should likewise be investigated for their failure to conduct an investigation and holding the paramilitary unit attached to them accountable. Appropriate charges should be filed against the military officials concerned if they are found to have tolerated the alleged violence committed by its civilian militias.

Finally, I urge the Philippine government, in particular the Armed Forces of the Philippines (AFP), to take immediate steps to disband its paramilitary units in accordance with the recommendation of the United Nations Working Group on Enforced and Involuntary Disappearances and the Special Rapporteur on Torture during the 47th session of the UNCHR in 1991.

I trust that you will take immediate action on this matter.

Yours sincerely,

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1. Charlemagne Alejandrino
Police Chief Superintendent
Deputy Director
Directorate for Investigation and Detective Management
Philippine National Police (PNP)
Camp Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

2. Atty. Marilyn M. Pintor
Regional Director, CARAGA Region
Commission on Human Rights
2nd Floor, First Consolidated Bank Building
J. Rosales Avenue, 8600
Butuan City, PHILIPPINES
Te: +63 85 815-2247 / 342-5280

3. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926-8747

4. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph

5. Gen. Efren L. Abu
Chief of Staff
Armed Forces of the Philippines
AFP-GHQ Offices
Camp Gen Emilio Aguinaldo
Quezon City
PHILIPPINES

6. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacañang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel No: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

7. Ms Rosalina L. Bistoyong
Executive Director
National Commission on Indigenous Peoples (NCIP)
2nd Floor N. dela Merced Building,
Cor. West and Quezon Avenues,
Quezon City, Metro Manila
PHILIPPINES
Tel: +63 2 373-97-87
Telefax: +63 2 373-97-65
Email: resource@ncip.gov.ph, rlbistoyong@ncip.gov.ph

8. Mr. Rodolfo Stavenhagen
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples
Office of the United Nations High Commissioner for Human Rights in Geneva: OHCHR United Nations, 1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 94 13
Fax: +41 22 917-90 08;
Email: indigenous@ohchr.org

9. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

10. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-057-2006
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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.