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PHILIPPINES: No action against policemen who attack teachers in dispersing their peaceful demonstration

October 16, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

17 October 2007
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UA-300-2007: PHILIPPINES: No action against policemen who attack teachers in dispersing their peaceful demonstration

PHILIPPINES: Inaction by the police; freedom of assembly and expression; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the policemen involved in attacking peaceful demonstration of public school teachers in Taft Avenue, Manila on 5 October 2007 have not been held to account. The teachers were holding their activity in a park where the demonstration should have been allowed to mark the World Teachers Day, but the policemen attached to the Manila Police District (MPD) attacked and dispersed them.

CASE DETAILS: (Based on the information received from the Action and Solidarity for the Empowerment of Teachers (ASSERT))

On October 05, at 7am, public school teachers who had come from seven provinces and six cities all over Luzon and Metro Manila gathered at the Plaza Zalamanca, Taft Avenue, Manila to mark the "World Teachers' Day". The park has been designated as Freedom Park effectively allowing demonstrations. The teachers, some of whom were in official school uniforms, joined the activity. They were supposed to end their programme at noontime and were planning to march towards the Mendiola Bridge afterwards. The bridge, however, is located close to the presidential palace and is designated as a no rally zone.

While they were on a roll call and preparing for the program, three policemen in uniforms mingled with the teachers and started asking each one after the other: "Sino ba ang lider n'yo dito na pwedeng makausap? (Who is your leader whom we could speak to?)" It was then that Fidel Fababier, secretary general for Action and Solidarity for the Empowerment of Teachers (ASSERT), who organized the activity introduced himself to them. He was asked the name of their group and where they came from. One of the policemen also started taking notes of what he told them.

Fababier properly explained to them that their group is composed of public school teachers from different provinces and cities in Luzon and Manila. He told them they were there to mark the World Teachers Day. The Secretary of the Department of Education (DepEd), Jesli Lapus, issued Memorandum No. 396, s. 2007 which also encourages teachers to join activities being held at a nearby university; and the time they spent in this activity is part of their official duty. Fababier also showed to the policemen the application for permit they made on October 1 at the Office of the City Mayor in Manila.

Under the existing law, Batas Pambansa 880 (BP 880) (Public Assembly Act of 1985), permits are required from those persons organizing demonstrations to places not designated as Freedom Park. But even though Plaza Zalamanca is designated as a Freedom Park, the organizers nevertheless applied for a permit and properly informed the local government of their activity. The law requires the local government to act on the application within two working days from the date it was filed. If they fail to act on it, the application is automatically deemed approved.

The police officer, however, insisted from Fababier that they must have a permit before they allowed them to carry on with their activity. Despite Fababier's proper explanation to the police that their application for permit is already a permit according to law, the policemen refused to accept his explanations and insisted they should have an approved permit, not an application the organizer showed to him.

The policemen told Fababier: " E, hindi naman 'to permit, a. sulat pa lang ninyo ito kay Mayor. (This is not a permit. This is only your letter to the Mayor)". He further told the organizer: "Pasensya na kayo, sir, "no permit, no rally' ang patakaran namin dito" (Sorry sir, our policy here is no permit, no rally). His claims, however, contradicts the policies by which the park is designated as Freedom Park. The policemen left after getting copies of the group's application for permit and the memorandum by the DepEd.

Shortly after they started their activity, dozens of heavily armed policemen with shields from the Special Weapons and Tactics (Swat) in black shirts and several civilian operatives suddenly arrived in patrol cars. They immediately positioned themselves close to the rear, front and left side of the pickup vehicle that was served as makeshift stage. The police positioned themselves by the stunned teachers.

It prompted some of the teachers to leave out of fear. The others preferred to move to a safer place at a nearby park Luneta Children's Park to avoid possible police action. Fababier urged the police officers present there to observe the BP 880 regarding the police' conduct on dealing with demonstrations, particularly the rules requiring them to position themselves 100 meters away from the demonstrators.

However, one of the policemen told them: "Kayong mga teachers ang bopol! Umuwi na kayo! (You teachers are lousy. You better go home)". It prompted an exchanged of insulting words between the police and teachers. The teacher then yelled at the police several times that: "MPD, i-guidance!" - an academic slang telling the police should be put into disciplinary action. Some of the organizers had to negotiate with the policemen to avoid a confrontation and urged them to observe the law and allow them to carry on their activity.

One of the leaders asked the police to allow them to continue their activity and for the police to exercise restraint. However, the policemen once again insisted from them to show their permit before they would allow them to carry on. Police Colonel Roberto Rosales, who lead the dispersal unit, shouted at them:  "Ipakita niyo muna ang inyong permit.  Hindi yan, permit, request lang yan (Show us your permit first. What you have is not a permit it is just a request)!"

When the demonstrators explained that their application for permit is considered approved already, Police Colonel Rosales told them: "Wala akong pakialam sa batas! Hindi yan ang kailangan ko, permit ang ipakita mo! (I don't give a damn with the law. It's not what I needed. Show me your permit!)". Shortly the policemen surrounding the demonstrators moved in. They together with those policemen wearing plainclothes suddenly started forcibly grabbing the streamers and placards from the group of teachers. (To see photos, please click photo1, photo2 and photo3) They unplugged the sound system and tried to confiscate their microphone. It was broken due to the scuffle.

Some teachers ran for their safety out of fear while the others remained. Those who remained continued on chanting at the police: "MPD..! i-guidance!" , "MPD. Law enforcers, lawbreakers!", "No one is above the law! Streamers at mikropono….Ibalik! (Give our streamers and microphone back)"

At this time one of the policemen, Police Officer Viray approach and spoke with the organizers and leaders of the group. He tried explaining to them that the police' presence there is to protect the teachers from the possible harm they may experience. He said the park where they are holding their demonstration is notorious for criminal elements; therefore, the police are there suggesting that their presence is to protect them.

At 11:30am, one of the leaders and organizer from Central Luzon, while holding a megaphone with him, crossed the street from the place where they were holding their activity urging their frightened companions nearby to regroup. At the time they were waiting for the arrival of their companions who were attending a symposium at the nearby Philippine Normal University (PNU).

However, Colonel Rosales grabbed his megaphone and ordered his men "Walanghiya kasi yang lider nila, nang-uupat! Damputin na 'yan! (Shame on their leaders, Arrest them!)". It once again renewed the scuffle between the demonstrators and the police. The dispersal left an undetermined number of demonstrators injured and suffering public humiliation. One of the teachers had her breast unnecessary exposed during the scuffle. The teachers have either lost and damaged their mobile phones due to the dispersal.

The police units responsible in dispersing the teachers are the same unit who violently dispersed workers holding peaceful protest on October 10. As described in our previous appeal UA-299-2007, the workers were about to begin their hunger strike in front of the labour department's office when they were violently dispersed. The police, once again, justified their action of dispersing them on pretext that they disturb the peace and obstruct traffic. Their use of violence should have not been necessary at the time.

ADDITIONAL INFORMATION:

The public school teacher's demonstration during the World Teachers' Day is supposed to highlight the plight of teachers in the public sector.

In 2006, the Secretary of the Department of Education (DepEd) formed two task forces which are supposed to address their concerns. One, on the Government Service Insurance System (GSIS); the other was to look into improving the teachers' issues on rights and welfare. The two Task Forces were in response to complaints by ASSERT which argues that the government has neglected its constitutional and statutory duty to implement the welfare provisions of the social insurance law and the Magna Carta for Public School Teachers. ASSERT sits in both this bodies as members.

Their group had long expected for a review and reforms into the alleged irregularities in the social insurance policies whereby about 1.2 million government employees at affected, most of whom are public school teachers are affected. However, these reforms have never taken place as promised even though Mr. Winston Garcia, who is the head, President and General Manager of the GSIS altogether, sits on several dialogues with them. The dialogues repeatedly failed to reach substantial progress regarding the teacher's concerns on social insurance.

In addition, the government convened a committee composed of persons not part of the teaching profession and lawyers which proposed amendments to the present Magna Carta for Public School Teachers. They already submitted the proposed amendments to the legislature for their consideration by without having them reviewed by preselected and qualified local education officials and teachers who sit as a regional consultative assembly. The consultative assembly was not given an opportunity to study the merit of the proposal.

The proposed amendments seeks to exclude teachers in the higher and vocational education and replaced them by hiring local teachers, it institutionalized the recruitment of contractual teachers, it extends the probation period and working hours, curtails rights to self-organize, reduce and abolish existing benefits, amongst others.

SUGGESTED ACTION:
Please write letters to authorities requesting that have the policemen involved in attacking peaceful demonstration of teachers investigated. Appropriate action must be taken against the policemen.

Sample letter:

Dear __________,

PHILIPPINES: No action against policemen who attack teachers in dispersing their peaceful demonstration

Affected persons: Several public school teachers from seven provinces and six cities in Luzon and Metro Manila
Alleged perpetrators: Police Colonel Roberto Rosales, head of the dispersal unit; one Police Officer Viray, and several policemen attached to the Manila Police District (MPD)
Date of incident: 5 October 2007
Place of incident: Plaza Zalamanca, Taft Avenue, Manila

I am writing to express my grave concern regarding the attack on public school teachers peacefully demonstrating on 5 October 2007. The teachers, coming from different provinces and cities in Luzon and Metro Manila, were holding their activity to mark the World Teachers' Day when attack when they were dispersed. Several teachers were injured - one of whom had her breast unnecessarily exposed, they suffered public insult and humiliation, their personal belongings lost, amongst others, during the dispersal.

I have learned that prior to the activity the organizer had complied with the necessary requirements from the Office of the City Mayor in Manila. On October 1, they submitted their application for permit for the activity to be held in the place mentioned above. They did so even though the place itself had been designated as a Freedom Park - which is under Section 4 and 15 of Batas Pambansa 880 (Public Assembly Act of 1985) require no permit.

The Mayor's office, however, failed to act on their application within two working days from the date it was submitted as required by Section 6 (b) of the same Act. As you are aware, the failure by the Mayor's office to act on it had in effect deemed their application approved; thereby, effectively giving them permission to lawfully exercise their activity.

However, I have learned that the policemen involved, particularly the officers and the units I mentioned above had repeatedly refused to acknowledge this despite proper explanation made by the teachers. They instead attack the teachers unnecessarily. They use force and violence which should have not been necessary at the time on pretext they do not have permit with them. They also insisted on imposing their supposed policy of: "no permit, no rally" in the area.

It is disappointing that the police are themselves incapable of properly implementing the law regarding public assembly. Not only they did not honor the teachers' permit - which allows them to carry on their activity - they also used unnecessary force in dispersing them. They likewise cast insults and publicly humiliate them. Some of the teachers had to flee or ran for their safety out of fear by the police action. The police' actions are completely unacceptable and contradictory to the provisions of the BP 880 regarding police' conduct on dealing demonstrations.

I therefore urge you to conduct a thorough and credible investigation into the teacher's complaints. Those involved must he investigated to answer the allegations against them and that they must be imposed with sanctions promptly once the inquiry commences. It is disappointing that despite these serious allegations, no action have been taken against them in order to hold them to account. The Philippine National Police (PNP) Internal Affairs Service (IAS), which should have authority to commence automatically an investigation into police abuses, has likewise not taken prompt action in this case.

I trust that you take adequate action in this case.


Yours sincerely,

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PLEASE SEND YOUR LETTERS 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. Mrs. 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

3. Deputy Director General Avelino Razon
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. Solicitor General Agnes Devanadera
Officer in Charge
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel. No.: +63 2 523 8481
Fax: +63 2 521 1614
Email: agnesdeva@yahoo.com

5. Mr Jesli A. Lapus
Secretary
Department of Eduction (DepEd)
DepEd Complex, Meralco Avenue
Ulra complex, Pasig City
Metro Manila
PHILIPPINES
Tel. No.: +63 2 632 1361 to 71

6. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Attn: J Deriviero
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-300-2007
Countries :
Issues :
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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.