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PHILIPPINES: Another activist killed; union leader faces serious threat

June 15, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

16 June 2006
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UA-191-2006: PHILIPPINES: Another activist killed; union leader faces serious threat

PHILIPPINES: Extra-judicial killing; violence against human rights defenders; labour rights; complete collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another activist has been killed while a labour union leader faces serious threat to his life. Activist Markus Bangit was killed on 8 June 2006 at a stopover restaurant in Echague, Isabela. He was with his son Banna onboard a passenger bus going to Baguio City when attacked by perpetrators wearing with bonnets. Another passenger, Gloria Casuga, was also killed when she screamed upon seeing the perpetrators shooting at Bangit. On June 10, at around 9:30pm an armed man wearing a bonnet forcibly entered into the house of union leader Vicente Barrios in Purok 2, Valencia, Barangay (village) New Alegria, Compostela town, Compostela Valley Province. The perpetrator, however, said nothing and soon after left.

According to information from the National Council of Churches in the Philippines (NCCP) and Muslim Christian People’s Alliance (MCPA), Bangit died from four gunshot wounds to his chest and stomach. The perpetrators escaped onboard a getaway van. Bangit’s son Banna was not hurt. It is reported that the other slain victim, Gloria Casuga was a school principal of Quezon National High School in Quezon town, Isabela.

At the time of his death, Bangit was a leader of an indigenous Malbong tribe. It is believe that his killing could have connections to his involvement with political organisations.  Bangit was a regional officer of the Cordillera Peoples Alliance (CPA) and chairperson of the Binodngan Pongors Organization (BPO). He was also a peace-pact holder.

The CPA is a chapter of the Bagong Alyansang Makabayan (Bayan) in Cordillera region. Bayan was among those tagged as “communist fronts” by the military. The Indigenous Peoples Human Rights Watch and Cordillera Human Rights Alliance marks Bangit the 16th indigenous victim of extra-judicial killings to be killed in Cordillera region since 2001.

Prior to Bangit’s killing, another activist Abe Sungit of Palawan was gunned down in February 2005 by two men wearing bonnets while riding on a motorcycle. Sungit was active in anti-mining campaigns at the time of his death. Another activist Nicanor Delos Santos, who belonged to a Dumagat tribe and a staunch anti-dam activist was also killed allegedly by military forces while preparing for a Human Rights Day mobilisation in December 2001.  It is reported that slain victims Sungit, Delos Santos and Bangit were placed under the “order of battle” allegedly by the military prior to their killings.

According to records by the Kalipunan ng mga Katutubong Mamamayan ng Pilipinas (KAMP), the government forces, paramilitary groups and private armies have allegedly killed at least 80 indigenous people in recent times.  Most of the killings are related to their defense of ancestral land rights and their struggle for self-determination. The killing of indigenous leaders brought back memories of the death of prominent Kalinga leader Macliing Dulag who was killed in the early 1980s. Dulag was killed for his and his people’s struggle against the Chico Dam.

In another case, according to a report from the Center for Trade Union and Human Rights (CTUHR), the threat made on labour leader Barrios is believed to be related to his active involvement in the labour union. According to witnesses, the man who entered into their house was carrying a long firearm while his companion served as a lookout outside the house. Barrios and his wife were in their room at the time. Two of Barrios relatives who were inside the house panicked and ran towards the room where Barrios and his wife were located

Barrios is the president of the Nagkahiusang Mamumuo sa Suyapa Farms (United Workers of Suyapa Farms-NAMASUFA). Barrios is employed at the banana packing plant of the Fresh Banana Agricultural Corporation (FBAC) in Compostela. On separate occasions he has experienced threats to his life. Barrios was shot with a sling shot while riding on a motorcycle on his way home and threatened with guns shown to him while at work. Prior to the June 10 incident, Barrios had also been warned by one of their union members who heard that there was a plot to kill him. 

It is learned that the threat could also be related to a case they filed against their management, Fresh Banana Agricultural Corporation (FBAC), before the Department of Labor and Employment (Dole) for non-payment of their living cost allowance (COLA), holiday pay, service incentive and non-wage benefits. It is reported that a contractor under the FBAC at Packing Plant 90 had been removed from his position after it was found that he was operating without a license as a result of the case filed by the union.
 
The threats and intimidation made against workers and labour unions have usually taken place once workers and union leaders have planned to form labour unions in order to collectively negotiate with their management on labour issues. The military forces have been found to have allegedly been involved in busting labour unions. Findings by the International Labor Solidarity Mission (ILSM) held on 2-5 May 2006 revealed an incident involving elements of the 36th and 28th Infantry Battalions, Philippine Army in busting labour unions in Compostela where they operated in 2004 and 2005.
 
In September 2005, Barrios was called for questioning by elements of the 28th Infantry Battalion (IB). The military accused him of organising rebel group, New Peoples Army. Barrios’ labour union had been falsely accused by the military as being organised by the rebels. There was an instance where the military called for a meeting with the workers at the packing plant telling them not to push through with their labour union and threatened them that the company would be closed should they insist. They likewise accused the labour unions of being a ‘leftist’ group.

There have been incidents where labour leaders have been called for questioning by the military against their will and in the absence of their legal counsel. This is similar to the case of labour leader Enrico Estarez who went into hiding for fear of his and his family’s life. Three of his fellow workers were reportedly tortured after they were invited for questioning by the military (please see our previous appeal: UA-030-2006). Another labour leader, Rogelio Concepcion of San Ildefonso Bulacan was also forcibly abducted by armed men and subsequently disappeared. Rogelio was reported to have been spied upon allegedly by the military prior to his disappearance (please see our previous appeal: UA-087-2006).

SUGGESTED ACTION:

Please write letters to the concerned agencies listed below requesting their appropriate action regarding the killing of activist Markus Bangit and the threat made on labour leader Vicente Barrios. The authorities, in particular the task force created by the government to investigate the killings--Task Force Usig--must exhaust all means to resolve Bangit’s case. Please also request for the provision of appropriate security and protection for Barrios and his family. An independent and effective investigation must also be conducted into his case to identify those who plotted to kill him and made threats on his life.

Suggested letter:

Dear _______,

PHILIPPINES: Another activist killed; union leader faces serious threats

Case 1:
Names of victims:
1. Markus Bangit, was the regional officer of the Cordillera Peoples Alliance (CPA) and chairperson of the Binodngan Pongors Organization (BPO)
2. Gloria Casuga, was a passenger who was also killed when the attackers started shooting at Bangit.
Name of alleged perpetrators: Armed men wearing bonnets
Place of incident: At a stopover restaurant along a highway in Echague, Isabela
Time and date of incident: 8 June 2006 at around 6:40pm

Case 2:
Name of victim facing threats: Vicente Barrios
Name of alleged perpetrators: Armed man wearing bonnets
Place of incident: At the victim’s house, Purok 2, Valencia, Barangay (village) New Alegria, Compostela town, Compostela Valley
Time and date of incident: 10 June 2006 at around 9:30pm

I am writing to draw your attention to the cases of activist Markus Bangit and labour union leader Vicente Barrios. Bangit was killed on June 8 in Echague, Isabela while riding on a passenger bus while an armed man forcibly entered into the house of Barrios on June 10 in Barangay (village) New Alegria, Compostela town, Compostela Valley.

According to the information I received, Bangit was on his way to Baguio City onboard a passenger bus together with his son Banna when armed men attacked him. His son Banna was not hurt but another passenger, Gloria Casuga, was killed when she screamed when she saw the attackers shooting at Bangit. Bangit died from four gunshot wounds to his body. The perpetrators reportedly escape onboard a getaway van.

Although the perpetrators have not been identified, it is strongly believed that his killing could be in relation to his active involvement in the protection of the rights of indigenous people in his province. I am aware that Bangit, as a tribal leader, had been involved in campaigning against the alleged abuses by the government forces on indigenous communities. Prior to his killing, activists Abe Sungit of Palawan and Nicanor Delos Santos were also slain in February 2005 and December 2001 respectively. Sungit was active in the anti-mining campaign in the province while Delos Santos was an activist protesting against the construction of dams. He was alleged to have been killed by military forces. It is reported that Bangit had also been placed under the “order of battle” allegedly by the military similar to slain victims Sungit and Delos Santos prior to their killing.

In another case an armed man also wearing a bonnet forcibly entered into Barrios’ house. Barios was together with his wife and in-laws when the incident took place. The suspect, who was reportedly with another companion who was waiting outside serving as a lookout, left the house without saying a word. Prior to the incident, one of Barrios’ fellow union members had warned him of a plot to kill him.

Barrios is the president of the Nagkahiusang Mamumuo sa Suyapa Farms (United Workers of Suyapa Farms- NAMASUFA). There have been threats made on his life on several occasions. Threats made against him could have been connected to the case their union had earlier filed against their management, Fresh Banana Agricultural Corporation (FBAC), with the Department of Labour and Employment (Dole) for non-payment of benefits.

I therefore urge your appropriate intervention in order to have Bangit’s killing adequately and effectively investigated. The authorities, in particular the Task Force Usig, must exhaust all means to identify the alleged perpetrators. The victim’s family must also be actively involved in any investigation conducted by the authorities. His son Banna must be provided with the appropriate counseling for the trauma he might have suffered.

Additionally, I also urge you to ensure the safety of labour leader Vicente Barrios and his family by providing them adequate security and protection. It is necessary that he and his family be afforded with government-sponsored protection to prevent violence against them. An impartial and effective investigation must also be conducted to identify those who are plotting to kill him. I likewise urge you to look into the arbitrary practice by the military forces by way of inviting workers and labour leaders for questioning against their will and in the absence of a legal counsel. The military are also alleged to have been involved in intervening into the affairs of labour unions and had labeled them as “leftist” or “communist fronts”. I am deeply concerned that this action by the military may have already seriously effected the democratic practice of the workers and labour leaders in organising labour unions. The military men involved must answer to the allegations of abuses made against them.

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

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 Lomibao
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. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph

6. Mr. Orlando Casimiro
Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +63 2 926 9032
Fax: +63 2 926 7572

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)
Email: lventre@ohchr.org / urgent-action@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 / urgent-action@ohchr.org

9. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Ms Vernonica Birga
Room 3-042
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org / urgent-action@ohchr.org (please also cc: rrico@ohchr.org)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-191-2006
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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.