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PHILIPPINES: Two more activists killed in Bohol and Tarlac

March 22, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

22 March 2006
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UA-101-2006: PHILIPPINES: Two more activists killed in Bohol and Tarlac

PHILIPPINES: Extra-judicial killing; arbitrary use of authority by the military; harassment against civilians; complete breakdown in rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that two more activists have been killed in separate incidents on 7 and 17 March 2006 in Mabini, Bohol and Hacienda Luisita, Tarlac. Gunmen riding on motorcycles shot dead Nestor Arinque of Bohol and Tirso Cruz of Tarlac. Arinque died from 11 gunshot wounds while Cruz died from six.

On March 7 at 11:30am, Arinque and his wife were buying goods at a market in Barangay (village) San Roque, Mabini. While Arinque's wife was busy buying goods in one area of the market, Arinque waited at a store owned by Tony Salaum. Salaum was together with two other companions, one of whom is a member of the Civilian Armed Forces Geographical Unit (Cafgu) in Baragay Abaca.

Half an hour later, an elderly man named Jorge Tutor, who is known to Arinque, arrived and asked him to take him home. While on their way to Tutor's house in Barangay Abaca, they stopped at Purok 1 as the motorcycle's chain malfunctioned. Arinque was fixing the chain when gunmen riding on a motorcycle stopped and opened fire on him. The driver was wearing a bonnet while his companion was wearing no mask. Arinque died instantly from gunshot wounds inflicted by a 45-caliber pistol.

Prior to the incident, on March 2, at around 11am, military men and Cafgu members attached to the 15th Infantry Battalion, Philippine Army stationed in Sitio Mahayag, Barangay San Roque, were seen in front of Arinque's house. When Arinque asked them why they were there, he was told they were just roaming around. Some of the men were known to Arinque.

It is reported that Arinque had been ‘invited’ by the military to appear before their detachment in Sitio Mahayag. This invitation, however, he repeatedly refused. On one occasion, the military spoke to him and tried to discourage him from being involved in the peasant cause. Instead of heeding their warnings, however, Arinque engaged in an argument with them and as a result of this, it is alleged that he had been included in the military's Order of Battle (OB).

Arinque was amongst those who had been receiving threats to their lives allegedly from the relatives of a Cafgu member who was killed by communist rebels. The two others were Rev. Dodo Valliente of the United Church of Christ in the Philippines (UCCP) and Willy Boybanting, Chairman of the Hugpong sa mga Mag-uumang Bol-anon (HUMABOL), a group of peasants.

In a separate incident, on March 17 labour leader Tirso Cruz was walking home when gunmen riding on a motorcycle shot him dead. He suffered six gunshot wounds in different parts of his body. Cruz had just came from a Pabasa or Lenten reading of the Passion of Christ from a Catholic Church when the incident took place.

Cruz is the 14th person to be killed in Hacienda Luisita. (Please see our previous appeals on these cases: UA-34-2005 and UP-26-2005). Prior to his killing, Cruz had received a number of threats to his life following a protest by labourers in 2005. Cruz was also actively involved in protesting against the construction of the Subic-Clark-Tarlac Expressway project [SCTEP] and the deployment of soldiers inside the hacienda. In the days prior to his death, Cruz had led union members and residents in a protest calling for the withdrawal of soldiers deployed inside the hacienda and for the SCTEP construction to be stopped. Residents inside the hacienda have been protesting against the quarry operations by contractors of SCTEP in Barangay Asturias and for allegedly using soldiers to prevent them from holding protests.

It is reported that some 50 Cafgu members and soldiers attached to the 71st Infantry Division (ID) headed by Major Gen. Jovito Palparan have been deployed in Barangay Pando. They were alleged to have been using the management’s office as their headquarters. The soldiers are allegedly being used to prevent any protest actions against the management.

SUGGESTED ACTION:
Please write letters to the agencies listed below asking them to conduct an impartial investigation into the killings of Nestor Arinque and Tirso Cruz. The investigation must endeavor to reach conclusive findings as to who is responsible. The threats made against the victims prior to their deaths must be thoroughly looked into. Should the persons involved be identified, they must be investigated accordingly. The military men in Hacienda Luisita must be investigated for allegedly arbitrarily using their authority. Additionally, those activists who are facing threats must be afforded with adequate security without delay.

Suggested letter:

Dear ___________,

PHILIPPINES: Two more activists killed in Bohol and Tarlac

Case 1:
Name of victim: Nestor Arinque (39), married and with five children, a resident of Sitio Cabangahan, San Roque, Mabini, Bohol. He was the chairman of Hugpong sa mga Mag-uuma sa Mabini (United Peasants in Mabini)
Name of alleged perpetrators: Three unknown gunmen riding on a motorcycle
Place of incident: Provincial road of Purok I, Abaca, Mabini
Date and time of incident: 7 March 2006 at around 12 noon

Case 2:
Name of victim: Tirso Cruz (33), married, a resident of Barangay Pando, Concepcion, Tarlac. He was the Board of Director of the United Luisita Workers Union (ULWU) and member of the Barangay (village) council.
Name of alleged perpetrators: Armed men riding on a motorcycle believed to be elements of the 71st Infantry Battalion of the Philippine Army (IBPA)
Place of incident: Barangay Pando, Concepcion, Tarlac
Date and time of incident: 17 March 2006 at around 12:30am

I am writing to draw your attention to the killing of Nestor Arinque of Mabini, Bohol and Tirso Cruz of Hacienda Luisita, Tarlac on 7 and 17 March 2006 respectively. I am deeply concerned by this further incident of killings and violence against human rights and political activist in your country. I am aware that the perpetrators of Aringue and Cruz's killings have not been identified. Although the concerned policemen conducted investigations, no conclusive findings have been reached.

According to information I have received, on March 7, two unidentified gunmen riding on a motorcycle shot dead Arinque. Arinque was together with another companion, Jorge Tutor, on their way to the latter's house in Barangay Abaca when the shooting took place. The gunmen fired at him when they stopped to fix the chain of their motorcycle. One of the gunmen was wearing a bonnet while his companion was not. Arinque died on the spot from 11 gunshot wounds.

In a separate incident, another labour leader, Tirso Cruz was shot dead by unidentified gunmen riding on a motorcycle on March 17. Cruz was the latest of a number of labour leaders to be killed inside the Hacienda Luisita. It is reported that Cruz was on his way home after attending a religious activity when the shooting took place. He died of multiple gunshot wounds.

I have learned that Arinque and Cruz had received threats against their lives prior to being killed. I urge you to exhaust all means to investigate Arinque and Cruz' killings. Investigations conducted must endeavour to achieve conclusive findings to effectively prosecute those responsible. Those persons who are reported to have issued threats against Arinque and Cruz must be investigated. Allegations of the possible involvement of the relatives of a slain militiaman on threats made to Arinque must be looked into. Likewise, the military men in Hacienda Luisita must be investigated for allegedly arbitrarily using their authority against the villagers, and must be held accountable if the allegations are found to be true.

I further urge you to afford security to other activists known to Arinque who are facing threats to their lives in Bohol. They are Rev. Dodo Valliente of the United Church of Christ in the Philippines and Willy Boybanting, chairman of the peasant group Hugpong sa mga Mag-uumang Bol-anon (HUMABOL). I also urge you to have the threats allegedly being made against these two people thoroughly inquired into. This is essential in securing the life of these individuals.

Additionally, authorities handling these cases must have performance pledges in completing their investigations, provisions of security protection and other interventions required to the concerned persons. Appropriate sanctions must be imposed on personnel from concerned agencies, in particular the police, if they fail to comply with essential time requirements. They must also closely coordinate with the victim's relatives on any action taken in these cases.

I trust that your intervention in these cases is forthcoming.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. 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

2. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph 

4. Gen. Generoso Senga
Chief of Staff
Armed Forces of the Philippines (AFP)
Armed Forces of the Philippines General Headquarters Offices (AFP-GHQ)
Camp General Emilio Aguinaldo
Quezon City
PHILIPPINES

5. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

6. 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

7. 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 (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-101-2006
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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.