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

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.

To support this case, please click here: SEND APPEAL LETTER