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PHILIPPINES: Another killing of a human rights defender in Oroquieta City

May 16, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

16 May 2006
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UA-161-2006: PHILIPPINES: Another killing of a human rights defender in Oroquieta City

PHILIPPINES: Repeated killings of human rights defenders; absence of government investigation; impunity; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Rev. Jemias Tinambacan was shot dead and his wife Rev. Marilou Tinambacan was wounded by four gunmen along the national highway in Brgy. Mobod, Oroquieta City, Philippines on 9 May 2006. One of the perpetrators was identified by Rev. Marilou Tinambacan as Mr. Mamay Guimalan, who is military intelligence personnel. The couple had been actively involved in human rights work in the region. In particular, Rev. Jemias Tinambacan was the active member of Gloria Step Down Movement-Misamis Occidental and the provincial chairman of a progressive party-list group named Bayan Muna-Misamis. Rev. Jemias Tinambacan is the 15th church worker killed during Gloria Macapagal Arroyo's regime. Despite the repeated killings of political and human rights activists, the Philippine government has not been able to obtain justice to the families of the victims.
 
At around 5:30pm on 9 May 2006, Rev. Jemias Tinambacan and his wife Rev. Marilou Tianambacan were driving along in their KIA Besta van and on their way to Oroquieta City from Lopez Jaena, Misamis Occidental, when four gunmen riding two DT Yamaha-type motorcycles approached their vehicle and began to shoot at them. Rev. Jemias Tiambacan suffered an injury to his head causing his van to crash into a Gemelina tree. The perpetrators then proceeded towards the vehicle saying, "UHI PA ANG BAYE (the woman is still alive)." They then fired three shots towards Rev. Marilou Tinambacan but failed to kill her. At that time, she was able to identify one of the four gunmen as Mamay Guimalan when he came close to the van's door. The gunmen then ran away immediately.

Rev. Jemias Tinambacan and Rev. Marilou Tinambacan were rushed to Misamis Occidental Provincial Hospital in Oroquieta City, where Rev. Jemias Tinambacan died soon after. His body was then transported to Gamalinda Funeral Homes, while his wife received treatment at the hospital. The perpetrators are still at large.

Rev. Jemias Tinambacan is the 15th church worker killed during Gloria Arroyo's regime. Along with those killed, Rev. Edison Lapuz was shot dead in Visayas on 12 May 2005 but the case has yet to be resolved (see further: UP-59-2005). In another incident, Jose Pepe Manegdeg, a human rights activist and worker of the Rural Missionaries of the Philippines (RMP) in Northern Luzon was shot dead on 28 November 2005 (see further: UA-158-2005).

ADDITIONAL COMMENT:

The killings of political and human rights activists have reached an alarming rate in the Philippines in the past two years. The AHRC has reported many of those killings and requested the urgent intervention of the Government of the Philippines but little has happened. During the past four months alone the AHRC has reported more than a dozen cases of such killings; they include the killings of political activist Elena and her husband Ricardo Balauag (UP-106-2006), activists Marilou Sanchez and his brother Virgilio Rubio (UA-151-2006), activist Enrico Cabanit (UA-140-2006), environmental activist Elpidio de la Victoria (UA-131-2006), activist Liezelda Estorba-Cuñado (UA-118-2006), peasant leader Amante Abelon's wife Agnes and his 5-year-old son Amante Jr. (UA-107-2006), two activists Nestor Arinque of Bohol and Tirso Cruz of Tarlac (UA-101-2006), political activist Arturo Caloza (UA-099-2006), activist Crisanto Teodoro (UA-096-2006), activist Audie Lucero (UA-078-2006), peasant leader Melanio Evangelista (UA-072-2006), activist Mateo Morales (UA-057-2006) and peasant leader Ofelia Rodriguez (UA-031-2006). The human rights organisation KARAPATAN also documented 179 political killings in 2005 (to see the list of leaders killed please see: FA-007-2006).

Even though the Government of the Philippines has launched investigations into those incidents, little progress has been made and most of the alleged perpetrators of those killings are at large. Two main reasons for this failure are the irregularities and inaction of police investigations and lack of witness protection. For example, in several cases, key witnesses did not appear in the courts due to fear for their lives. However, instead of approving effective protection to witnesses and families of the victims according to the Witness Protection, Security and Benefit Act (RA 6981), the local authorities are simply using 'the lack of witnesses' as a prime excuse for their inaction. The AHRC has previously raised concerns regarding this and has called on the government to remedy the situation (please see our previous statements: AHRC-OL-002-2006; AS-74-2005).
 
On May 10, the Philippine government was elected as one of the members to the UN Human Rights Council. To fulfill its qualification as a member of the UN Human Rights Council, the Government of the Philippines must take genuine action to fight against those killings of political and human rights activists. Ratification of the Optional Protocol of International Covenant of Civil and Political Rights (ICCPR) and effective implementation of the witness protection programme will be one of these actions. If it should fail to do this, it will be a farce for the international community to see the Philippines, a great human rights violator of its own people, examine human rights violations in other countries.   


SUGGESTED ACTION:

Please write letters to the concerned government authorities listed below and express your deep concern about this serious case. Please urge them to conduct an immediate and effective investigation into the incident and arrest all perpetrators including the alleged military intelligence personnel. Please also urge them to provide effective witness protection to Rev. Marilou Tianambacan, as well as the key eyewitness of the incident under the Witness Protection, Security and Benefit Programme (RA 6981) of the Department of Justice (DoJ) immediately. Finally, please ask them to take genuine action to stop the repeated killings of political and human rights activists in the country. 

Suggested letter:

Dear ________,

PHILIPPINES: Another killing of a human rights defender in Oroquieta City

Names of the victims:
1.  Rev. Jemias Tinambacan (killed), aged 49, the resident pastor of UCCP Calaran, Calamba, Misamis Occidenta and active member of Kapatirang Simbahan para sa Bayan (KASIMBAYAN) and the Promotion of Church People's Response-Western Mindanao (PCPR). He was also the  active member of Gloria Step Down Movement-Misamis Occidental, the provincial chairman of Bayan Muna-Misamis Occidental and the executive director of Mission for Indigenous and self-reliance People's Assistance, Incorporated (MISPA, Inc.)
2. Rev. Marilou Tinambacan (wounded), aged 50, Rev. Tinambacan's wife, the former conference minister of District Conference of Northern Mindanao (1999-2002) and the active member of KASIMBAYAN and PCPR
Name of alleged perpetrators: Mr. Mamay Guimalan, who was identified as the military intelligence personnel, and three other unidentified gunmen, riding two black and blue DT Yamaha-type motorcycles
Time and date of incident: At around 5:30pm on 9 May 2006
Place of incident: Along national highway in Brgy. Mobod, Oroquieta City, Philippines

I am deeply concerned by yet another killing of a human rights defender in Oroquieta City, Philippines on 9 May 2006. According to the information I have received, Rev. Jemias Tinambacan, the resident pastor of UCCP Calaran, Calamba, Misamis Occidenta was killed and his wife Rev. Marilou Tinambacan was wounded by four gunmen while they were on the way to Oroquieta City from Lopez Jaena, Misamis Occidental. One of the four perpetrators was identified by Rev. Marilou Tinambacan as Mamay Guimalan, a military intelligence personnel. Rev. Jemias Tinambacan is the 15th church worker killed during Gloria Macapagal Arroyo's regime.

I am deeply frustrated by the inaction of the Government of the Philippines regarding the repeated killings of political and human rights activists in the country. During this year alone, I have leaned of more than a dozen of such killings yet with no justice having been sought for the families of the victims. The latest victim of these killings was Elena Mendiola (a.k.a. Baby) and her husband Ricardo Balauag of Sillauan Sur, Echague, Isabela.

Even though the Government of the Philippines has launched investigations into those incidents, little progress has been made and most of the alleged perpetrators of those killings remain at large. One of the main reasons for this failure is the lack of witness protection to the witnesses and family members of the victims. For example, I was informed that in several cases, key witnesses failed to appear before court due to fear for their lives. Yet despite this fact, the local authorities are simply using 'the lack of witnesses' as the prime reason for their inaction. To resolve this, it is imperative that the government start approving effective protection to witnesses and families of the victim through the existing Witness Protection, Security and Benefit Act (RA 6981). 
 
I strongly urge you to conduct an immediate and thorough investigation into this incident. I also urge you to ensure that effective witness protection is provided to Rev. Marilou Tinambacan, as the key eyewitness in this case, in order to avoid her being too afraid to testify before the court. I further request you to recommend to the Government of the Philippines to take genuine action to fight against the repeated killings of political and human rights activists in the country. The Government of the Philippines must ratify the Optional Protocol of International Covenant of Civil and Political Rights (ICCPR) and effectively implement witness protection programmes in this context. Should it fail to do this, the Philippines, as a newly elected member of the UN Human Rights Council, will fail to gain confidence from the international community, which will believe it a farce that a great human rights violator of its own people can examine the human rights violations of others.   

I request your urgent intervention in this case. 

Yours sincerely,


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PLEASE SEND YOUR 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. 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

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

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

7. 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

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)
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-161-2006
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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.