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UPDATE (Philippines): Another human rights lawyer killed; wounded priest died while being treated at a hospital

September 5, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal

6 September 2005

[RE: UA-34-2005: Killing of a labor rights activist for the Hacienda Luisita farm workers in Tarlac City; UA-30-2005: Attempt on the life of human rights advocate and his wife in Abuyog, Leyte, Philippines; UP-59-2005: Another human rights activist killed in Visayas; UP-61-2005: Wounded victim in activist shooting dies: UP-101-2005: Another priest wounded in latest attacks on human rights activist in Visayas]
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UP-106-2005: PHILIPPINES: Another human rights lawyer killed; wounded priest died while being treated at a hospital

PHILIPPINES: Extra-judicial killing; human rights defender; witness protection; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Promotion of Church People Response (PCPR) that another human rights lawyer, Norman Bocar, was killed on 1 September 2005 in Eastern Visayas, while Rev. Raul Domingo, a priest who was wounded in another attack died on September 4 while being treated at a hospital. Bocar and Domingo are the latest victims of attacks against activists in the Philippines.

These latest attacks and violence against human rights activist in the Philippines, in particular in the islands of Visayas demonstrate that the killings of activists are continuing unabated with the government failing to arrest those responsible and prevent further attacks and violence from reoccurring. The impunity enjoyed by the alleged perpetrators is mainly a result of an ineffective witness protection program by the government.

Since these systematic attacks began, most of the alleged perpetrators have not been identified, arrested or prosecuted. There are also strong suspicions that they could in fact be military agents. Even where there have been potential witnesses, such as in the case of Atty. Felidito Dacut (UP-29-2005) and Rev. Edison Lapuz (UP-59-2005), no progress has been made because they refuse to cooperate. Likewise, the families and relatives of the dead have also opted not cooperate for fear of their life and safety. The AHRC has previously issued a statement regarding this concern (AS-74-2005).

The absence of witnesses or their refusal to cooperate is due in large part to the lack of an effective and functional program to provide protection for witnesses. Although the government is aware of this situation it has not done enough to address this. In most cases, they have put the blame on the witnesses and families of the dead instead of ensuring their safety and protection during trial.

We request your intervention to pressure the Philippine government, in particular the Department of Justice (DOJ) and the Commission on Human Rights (CHR) to seriously take immediate steps to address these cases. The DOJ must evaluate and consider placing witnesses under a witness protection program. It must also provide protection and afford indemnification to the families of the dead.


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

Name of the victim:
1) Atty. Norman Bocar, chairperson of the regional chapter of Bagong
Alyansang Makabayan (BAYAN) in Eastern Samar.
Date and place of the incident: 1 September 2005 at around 2:00a.m. near the
capitol in Borongan, Eastern Samar, Visayas

Name of wounded victim who died:
2) Rev. Raul Domingo (35), a pastor for the United Church of Christ in the Philippines (UCCP) and leader of human rights group Karapatan
Updates:
Rev. Domingo died while being treated at the Philippine Lung Cancer Center on September 4. He was comatose and did not recover after he was shot on 20 August 2005.

Account of the incident:

On the morning of 1 September 2005, another human rights lawyer, Norman Bocar, was shot dead by two unidentified gunmen in Borongan, Eastern Samar, Visayas. It was reported that Bocar was coming out from a meeting when shot in the head by his attackers riding on a motorcycle. He was the regional chairman of Bayan, a human rights group, at the time of his death.

Bocar was the latest human rights lawyer to be killed following the killing of Atty. Felidito Dacut on March 14 in Tacloban City, Visayas. Bocar is a known progressive lawyer and local leader of people's organizations. He was among the lawyers defending the human rights of the poor and the oppressed.

Meanwhile, Rev. Raul Domingo, a priest who was shot on August 20 died while being treated at the hospital. After Domingo was shot in Barangay San Jose, Puerto Prinsesa City, Palawan, he was taken to Manila for treatment. He was confined at the Philippine Lung Cancer Center (PLCC) where he underwent treatment for his lungs. Domingo fell into coma before dying in the hospital.
 
Rev. Domingo was survived by his wife and five children. Domingo was a dedicated pastor of the United Church of the Philippines (UCCP). As Key Minister of the Palawan Associate Conference  (PAC) - District II, he was active in the life of the church especially in the PAC- Church Workers Organization and Christian Witness and Service (CWS) program of the UCCP.

Domingo denounced military abuses and large-scale mining in the Southern Tagalog region. He had been the victim of harassment and under threats in the past several years before he was shot on August 20. He was the latest victim of killings against activists and church leaders following the death of Rev. Edison Lapuz of Visayas, Fr. William Tadena of Luzon, Joel Baclao and others.

As an activist in the promotion of human rights and social justice, he served as a dedicated leader of the provincial chapter of the human rights alliance (KARAPATAN), KASIMBAYAN and the multi-sectoral alliance Bagong Alyansang Makabayan.

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Suggested letter:


Dear __________,

Re: PHILIPPINES: Another human rights lawyer killed; wounded priest died while being treated at a hospital

Name of the victim:
1) Atty. Norman Bocar, chairperson of the regional chapter of Bagong
Alyansang Makabayan (BAYAN) in Eastern Samar.
Date and place of the incident: 1 September 2005 at around 2:00a.m. near the
capitol in Borongan, Eastern Samar, Visayas

Name of wounded victim who died:
2) Rev. Raul Domingo (35), a pastor for the United Church of Christ in the Philippines (UCCP) and leader of human rights group Karapatan
Updates:
Rev. Domingo died while being treated at the Philippine Lung Cancer Center on September 4. He was comatose and did not recover after he was shot on 20 August 2005.

I am writing to draw your attention to the death of two human rights activists, lawyer Norman Bocar and Rev. Raul Domingo in Visayas islands, Philippines. I am aware that Bocar and Domingo are yet further victims of attacks and violence against activists in the Philippines.

I have learned that Atty. Bocar was shot dead by two unidentified gunmen on 1 September 2005 by in Eastern Visayas while Rev. Domingo died on September 4, while being treated at the Philippine Lung Cancer Center (PLCC) after he was shot on August 20 in Puerto Princesa City, Palawan.

I am deeply concerned by these renewed attacks on activists, in particular on the island of Visayas. Although I acknowledge the efforts the concerned government agencies may have initiated on previous cases of activists' killings, I am not fully satisfied with how the government is addressing the situation. One of my deepest concerns is the absence of an effective witness protection program in these cases.

Since the attacks on activist began early this year, I have learned that most of the perpetrators involve have not been identified, arrested or prosecuted. The impunity enjoyed by the perpetrators who are believed to be military agents could be a result of the existing ineffective witness protection program. Even though there are potential witnesses, such as in the cases of Atty. Felidito Dacut and Rev. Edison Lapuz, there has been no progress because the witnesses have refused to cooperate out of fear.

Even though there have been claims of concern by government agencies, in particular the Department of Justice (DOJ) and the Commission on Human Rights (CHR) to address this situation, the reality suggests that the government has not done enough to seriously resolve this problem, and to provide protection to witnesses. I therefore call upon the government to properly address this situation. It must consider and understand the plight of the witnesses and families of the dead instead of blaming them should they show reluctance to cooperate with authorities.

I urge the government that any action in these cases should be in accordance with the Bill of Rights of the 1987 Philippine Constitution and the provision of the Universal Declaration of Human Rights Defenders as adopted by the UN General Assembly, of which the Philippine government has an obligation as a member.

I trust that you will take action on this matter.

Respectfully yours,


_______________

SEND LETTERS TO:

1. Hon. Gloria Macapagal Arroyo
President, Republic of the Philippines
Malacanang Palace
J.P. Laurel St., San Miguel, Manila
NCR 1005
PHILIPPINES
Fax: +632 2929 3968
Email: pgma@compass.com.ph or opnet@ops.gov.ph

2. Commissioner Purificacion Quisumbing
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Tel. No. +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph

3. Secretary Avelino J. Cruz Jr.
Department of National Defense
Room 301 DND Bldg.,
Camp Emilio Aguinaldo
E. de los Santos Avenue, Quezon City
PHILIPPINES
Fax: +63 2911 6213
Email: osnd@philonline.com

4. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame, Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

5. Mr. Paquito Nacino
Regional Director
Commission on Human Rights (CHR VIII)
3rd Floor, R. Yu Salazar Annex Bldg.
Salazar Street, Tacloban City
PHILIPPINES
Telefax: +63 053 321 3396

6. Ms. Hina Jilani
Special Representative of the Secretary General 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 

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)
E-mail: urgent-action@ohchr.org

Thank you.

Urgent Appeals Desk
AHRC Urgent Appeals Programme

Document Type :
Urgent Appeal Update
Document ID :
UP-106-2005
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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.