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PHILIPPINES: A human rights worker killed in Albay

December 2, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

2 December 2004
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UA-168-2004: PHILIPPINES: A human rights worker killed in Albay

PHILIPPINES: Killing of Human Rights Defender
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a human rights defender named Mr. Joel B. Baclao was shot dead outside his house in Barangay Lacag, Daraga, Albay on 10 November 2004 by an unidentified man. Mr. Baclao's family suspects that the victim might have been killed by a person linked to the military as the victim was a staunch opponent of military operations against rebels in Albay.

The family also reported that Mr. Baclao had received several death threats before his killing. The victim had recently been warned that his life was in danger because his name was on a 'list'. His family believes that the list might be an Order of Battle (OB) released by the military, which contains names of rebels who are wanted by the government. It is also reported that the soldiers attempted to search the victim's house illegally on September 26.

Your urgent action is required to urge the Government of the Philippines to conduct an impartial and thorough investigation into this incident in order to identify those responsible and bring them to trial.

For your information, the Friends of the Earth International, an international network of grassroots groups in 70 countries, is doing online petition for Mr. Baclao. If you want to sign on the petition, please visit its website at: http://www.foei.org/cyberaction/baclao.php

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Joel B. Baclao, 40 years old, a member of the United Church of Christ in the Philippines- Bicol Conference under the South Luzon Jurisdiction (UCCP-SLJ) and the regional coordinator of the Promotion of Church People's Response (PCPR)
Date of the incident: 10 November 2004
Place of the incident: His residence in Barangay Lacag, Daraga, Albay

Account of the incident:

Mr. Joel B. Baclao (40), a human rights worker was shot dead by an unidentified person outside his residence in Barangay Lacag, Daraga, Albay on 10 November 2004.

According to Mr. Baclao's wife, at around 8:00pm their dog started to bark so her husband went outside to see whom their dog was barking at. She followed, asking him not to venture too far in the dark. She then heard successive bursts of gunfire and shouts from her husband. When she approached him, she saw an unidentified man armed with an M-16 rifle leaning over her husband and continuing to shoot. Mr. Baclao suffered four gunshots to his head, chest and side. He was killed instantly. His wife said that she could not see the gunman's face clearly due to the dark.

It is reported that Mr. Baclao had received several death threats before his killing. According to Mr. Baclao's family, on the previous night (November 9), their dog was also barking so the victim's father-in-law went out but could not see anyone. Mr. Baclao's wife also reported that her husband said that a week before the incident he had been warned to take extra care, because his name was on a 'list'. His family believes that the list might be an Order of Battle (OB) released by the military, which contains names of rebels who are wanted by the government. In addition, on September 26, soldiers came to search Mr. Baclao's house but abanlouned as his father-in-law strongly opposed it, requesting they show a search warrant first.

Under these circumstances, Mr. Baclao's family suspects that the victim might be killed by a person who is linked to the government military. Mr. Baclao was a staunch opponent of military operations against rebels in Albay.

Mr. Bacloao was a member of the United Church of Christ in the Philippines- Bicol Conference under the South Luzon Jurisdiction (UCCP-SLJ) as well as the regional coordinator of the Promotion of Church People's Response (PCPR). He was also a volunteer of Andurog Mayon, the relief and rehabilitation program in Bicol of the National Council of Churches in the Philippines.

The AHRC is deeply concerned by the killing of Mr. Joel B. Baclao. We urge the Government of Philippines to conduct an impartial investigation in the victim's alleged extra-judicial killing, and bring the responsible person(s) to justice without delay.


SUGGESTED ACTION:
Please send a letter, fax, or email to the addresses below and express your concern about this case.

Sample letter:

Dear ______________,

Re: PHILIPPINES: A human rights worker killed in Albay

Name of the victim: Mr. Joel B. Baclao, 40 years old, a member of the United Church of Christ in the Philippines- Bicol Conference under the South Luzon Jurisdiction (UCCP-SLJ) and the regional coordinator of the Promotion of Church People's Response (PCPR)
Date of the incident: 10 November 2004
Place of the incident: His residence in Barangay Lacag, Daraga, Albay

I am deeply disturbed to hear that Mr. Joel B. Baclao, a human rights worker in Albay, was killed by an unidentified man on 10 November 2004.

According to the information I have received, Mr. Baclao had received several death threats before his killing. It is reported that Mr. Baclao had been warned that his life was in danger and that soldiers had attempted to search his house on September 26. Under these circumstances, Mr. Baclao's family suspects that the victim might have been killed by a person linked to the military.

I therefore urge you to order an independent and through inquiry into this case in order to identify those responsible, bring them to trial and sanction them in accordance with the law. Adequate reparation should also be awarded to the victim's family.

Sincerely yours,


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SEND A LETTER TO:

1. Ms. Gloria Macapagal Arroyo
President
Republic of the Philippines
Malaca?ng Palace
JP Laurel St., San Miguel
Manila NCR  1005
PHILIPPINES
Fax: +63 2 929 3968

2. Purificacion Quisumbing
Chairperson
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Ave.
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2 929 0101 / 928 0848
E-mail: drpvq@chr.gov.ph

3. Hon. Governor
Albay Provincial Government
Provincial Capitol Building
Legazpi City, Albay 4500
PHILIPPINES
Tel: +63 52 481 2555
E-mail: govoffice@albay.gov.ph

4. Mr. Gerry R. Jaucian
Mayor
Office of Mayor, Daraga
Local Government of Daraga
Daraga City, Albay
PHILIPPINES
Tel: +63 52 824 3161

5. Atty. Pelagio P. SecR, JR.
Regional Human Rights Director
Commission on Human Rights (CHR V)
CHR Region V Office
ANST Bldg., Washington Drive
4500 Legazpi City
PHILIPPINES
Tel: +63 52 481 0954
Telefax: +63 52 245 5313

6. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

7. Ms. Hina Jilani
Special Representative for human rights defenders
Att: Ben Majekodunmi
Room 1-040, C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-168-2004
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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.