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PHILIPPINES: Husband of a political activist shot dead in Mindanao

May 7, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

8 May 2007
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UA-153-2007: PHILIPPINES: Husband of a political activist shot dead in Mindanao

PHILIPPINES: Extra-judicial executions; alleged arbitrary use of authority by the military; violation against right to political exercise
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that the husband of a political activist, Usman Ali (40), was shot dead at a public market in Pikit, North Cotabato on 7 May 2007. Ali's wife, Babai (43), is the leader of Suara Bangsamoro, a political party for Muslim minorities seeking sectoral representation in Congress. In another incident on May 6, two of Babai’s colleagues were also reportedly harassed and intimidated allegedly by military men in Malita, Davao del Sur.

CASE DETAILS:

According to information from various sources, including davaotoday.com, an alternative news organization, it was in the morning of May 7 when unidentified men shot Ali in the back of his head at the public market. At the time of his death, Ali was the acting principal of the Dunguan Elementary School in Pagalungan.

It is believed that Ali's killing could have been related to his wife's involvement in political activities, and the alleged continuing effort by security forces to allegedly discredit their organization.

Ali's killing is the latest incident of extra-judicial killings all over the country. It is reported that prior to Ali's killing, some of the party's leaders and volunteers have also had experience of being harassed allegedly by the military in remote areas. The harassment took place a day prior to attack on Ali.

According to a reliable source, on May 6, two of the party's volunteers, namely Arnel Soliman, second district coordinator in Davao del Sur and his colleague Nestor Sobricarey, were briefly held for questioning after the military reportedly entered into their office in Malita, Davao del Sur, Southern Mindanao. It is reported that the six military men responsible for incident were allegedly attached to the 66th Infantry Battalion, Philippine Army, headed by Lt. Payumo.

The two victims were allegedly questioned by the military as to who their party's leaders were and the reason why are they campaigning in Malita. They also accused them of being frontmen for an illegal armed group. The soldiers likewise took photographs of the two victims while they were subjected to questioning.

According to the information we have received, it has been believed that that Ali's killing and the harassment perpetrated against their party could be part of the security forces' action to intimidate and harass them. The group is reportedly considering of filing formal complaints about these incidents.

It is also reported that following Ali's killing, the residents in their area have now reportedly started to evacuate after receiving reports that the soldiers have begun entering in Pikit and in nearby areas. The municipality of Pikit in North Cotabato is one of the many towns in Central Mindanao where clashes between illegal armed group and security forces frequently take place.

Finally, to see more about the individual cases of extrajudicial killings in the Philippines that the AHRC has reported through our Urgent Appeal, visit our Philippines web site at http://www.pinoyhr.net/

Please also refer to the latest issue of Article 2, vol.6, no. 1, February 2007, SPECIAL REPORT: THE CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES IS ROTTEN, a bimonthly publication from the Asian Legal Resource Centre (ALRC), a sister organization of the AHRC.

SUGGESTED ACTION:

Please write letters to the concerned agencies below requesting for their immediate intervention to ensure that Usman Ali's killing is properly investigated. The authorities must likewise look into the alleged harassment and intimidation allegedly by the military against two of the group's members in another incident. There should be immediate sanction imposed against those security forces involved without delay.

To support this appeal, please click here:

Suggested letter:

Dear ________,

PHILIPPINES: Husband of a political activist shot dead in Mindanao

Case 1:
Name of the victim killed: Usman Ali, the husband of political activist Babai (43). Babai is a leader of a political party Suara Bangsamoro
Alleged perpetrator/s: Unidentified armed men
Place of incident: At the public market in Pikit, North Cotabato, Mindanao
Date of incident: In the morning of 7 May 2007

Case 2:
Name of victims harassed:
1. Arnel Soliman, second district coordinator for Suara Bangsamoro in Davao del Sur
2. Nestor Sobricarey, volunteer
Alleged perpetrators: Six men allegedly attached to the 66th Infantry Battalion, Philippine Army headed by a certain Lt. Payumo
Place of incident: At the group's office in Malita, Davao del Sur
Date of incident: At around 4:00pm on 6 May 2007

I am writing to draw your attention into the killing of Usman Ali, husband of a political activist Babai on 7 May 2007, and the alleged harassment by the military against two of Babai's colleagues in a separate incident. I have learned that Ali was shot dead by unidentified gunmen at the public market in Pikit, North Cotabato. He suffered fatal gunshot wound to his head.

At the time of his death, Ali was the acting school principal of Dunguan Elementary School in Pagalungan, North Cotabato. According to a reliable source, Ali's killing could have been related to that of his wife's activity as leader of the party, Suara Bangsamoro, in their locality. I have learned that Babai’s political party had been the object of harassment and intimidation in recent times.

Prior to Ali's killing, I have also learned that two of Babai's colleagues, namely Arnel Soliman and Nestor Sobricarey, the party's second district coordinator and volunteer respectively based in Malita, Davao del Sur, have allegedly been harassed and intimidated by six military men. It is reported that the soldiers, believed to be attached to the 66th Infantry Battalion, Philippine Army, barged into the victims' office and subjected them for questioning. According to the information, the soldiers are questioning the two for holding campaigns in the area. They likewise accused them and their group as fronts of an illegal armed group.

I am extremely disturbed by these two separate incidents, in particular the killing of Usman Ali. I am likewise disappointed of the alleged harassment by the military against this group, which violate the latter's right to exercise political freedom and for participating in a legitimate electoral process representing the minorities. This is a serious threat to the citizen's civil and political rights should this incident be to continue. Therefore, I urge you to ensure that this incident is properly investigated and to ensure that those involved are held responsible without delay.

Also, I urge you to take immediate steps to consider the provision of protection to Ali's wife and her colleagues without delay to ensure their safety and security. Immediate measures must also be taken to prevent similar incidents from taking place. It is the government's responsibility to protect the lives of these citizens, in particular that they belong to the Muslim minorities. They must be allowed to exercise their right to participate in electoral process with adequate safety and protection and fear of being persecuted and harassed.

I trust that you will take immediate action in these cases.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mrs. Gloria Macapagal-Arroyo
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. 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@yahoo.com

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614

5. 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
Email: omb1@ombudsman.gov.ph

6. Gen. Hermogenes Ebdane
Secretary
Department of National Defence
Room 301, DND Building
Camp Emilio Aguinaldo
E. De los Santos Avenue
Quezon City
PHILIPPINES
Fax: +63 2 911 6213
Email: osnd@philonline.com

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)

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

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-153-2007
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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.