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UPDATE (Philippines): Social welfare department fails relatives of disappeared victim in Davao City, Mindanao

November 14, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
14 November 2005

[Re: FA-16-2004: Forcible disappearance of a young man in Davao City; UP-103-2005: A 13-year-old daughter of a disappeared man in Davao City suffers trauma]
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UP-134-2005: PHILIPPINES: Social welfare department fails relatives of disappeared victim in Davao City, Mindanao

PHILIPPINES: Disappearance; child rights; government failure; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that the local social welfare department in Davao City, Mindanao has failed the family of disappeared victim, Sabdurah Abdullah Ala. It was learned that although a personnel from the social welfare department, Alice Torejas, has interviewed Aminah Ala and her daughter Mirriam (13), who suffers from trauma following her father's disappearance, no assistance has so far been afforded to them as promised.

On 13 October 2005, Torejas interviewed and visited Aminah at their house following their receipt of a letter from the AHRC and other private individuals asking for appropriate assistance to Mirriam and her family. On 24 October, Aminah was informed by her cousin, Rosalinda Darimbang, that a personnel from the Commission on Human Rights (CHR) regional office in Davao City said that she should go to the Barangay (community) hall of Ma-a, Davao to meet Torejas to claim the promised assistance.  But when Aminah arrived, Torejas was not there. She was instead told to proceed to the local social welfare department office at nearby Matina, Davao City where Torejas was holding her office.

It was reported that when Aminah and Torejas met at the latter's office, Aminah was asked to sign several documents, some of which were blank papers, without properly explaining to her what they were, nor and giving her a copy. Aminah admitted that although she can understand and read some English, her understanding of some terms is not strong. The victim's relatives strongly believe that the documents that Aminah signed could have indicated that they received financial and medical assistance.

Aminah was told to gone back to the social department's office, but since those scheduled days they asked was the observance of the Islam's day of fasting, she was not able to follow-up their office. But when a follow-up was made on November 7, it was learned that that the supposed assistance is not yet available to them and they were told that they had to wait further. To date, the 13-year-old trauma victim, Mirriam has not undergone any treatment as promised.

Although the AHRC is in receipt of a letter dated 16 September 2005 from Ruel G. Lucentales, the assistant Secretary for Visayas and Mindanao of the Department of Social Welfare and Development (DSWD), informing DSWD's regional office in Davao City to "locate Mirriam and provide her needed assistance", the reality that the victims have not received such assistance as promised.

We urge your strong intervention to pressure further the Philippine government, in particular the local government of Davao City and its local social welfare and development department to afford the appropriate assistance to Mirriam and her family as promised without delay. An inquiry must also be conducted into reports that the victim, Aminah Ala, was made to sign documents without them properly being explaining to her. If the allegations are true and that it was done purposely to deceived the victims, appropriate sanctions must be carried out against those persons involved.

Further, please ask both the Philippine Congress and Senate to consider the passage of the proposed bill, House Bill 1556 or an Act which defines and penalises the crime of enforced or involuntary disappearance as a priority. The bill, which seeks to criminalise enforced and involuntary disappearance, must be given the highest priority considering the incidents of disappearances in the country.


Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

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SUGGESTED ACTION:

Please send a letter to Ruel G. Lucentales, the assistant secretary of the Department of Social Welfare and Development (DSWD) and the other persons listed below and express your concern about this case.

Sample letter:

Mr. Ruel G. Lucentales
Assistant secretary
Department of Social Welfare and Development (DSWD)
Batasan Pambansa Complex, Constitution Hills
Quezon City
PHILIPPINES

Tel.: +63 2 931-8101 to 07
Tel/Fax: +63 2 931-8138

Dear Mr. Lucentales,

Re: PHILIPPINES: Social welfare department fails relatives of disappeared victim in Davao City, Mindanao

It has come to my attention that the local social welfare department in Davao City, Mindanao, has reportedly failed the relatives of disappeared victim, Mirriam Ala (13) and her mother Aminah. I have learned that although Alice Torejas, a staff of the social welfare department interviewed and visited Aminah and Mirriam at their residence, no assistance has been afforded to them so far as promised.

It was also reported that Torejas made Aminah sign several documents, including some of which were blank papers, without properly explaining to her the content and purpose of signing those documents. I am deeply concerned by the manner in which your staffs are handling the victim and their case.

Although I appreciate your department's effort, in particular you local office in Davao City, Mindanao regarding this case, I am disappointed by the failure of your department to afford the assistance as promised. I have learned that until now, Mirriam (13), who suffers trauma following the disappearance of her father, has not undergone any treatment. Mirriam and her mother Aminah have instead repeatedly been promised assistance, but this has yet to materialize.

I further urge your strong intervention to conduct an inquiry into the manner of how the local social welfare staff are handling the victims and their case, in particular the allegations that the victims were made to sign documents without having properly explained to them. If the allegations are true that it was done to deceive the victims, appropriate administrative sanctions against those involved must be carried out.

I trust that you will take immediate action in this case.


Yours sincerely,


_________________

SEND COPIES TO:

1. Mrs. 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. 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

3. Ms. Lualhati F. Pablo
Officer in Charge
Department of Social Welfare and Development (DSWD)
Batasan Pambansa Complex, Constitution Hills
Quezon City
PHILIPPINES
Tel.: +63 2 931-8101 to 07
Tel/Fax: +63 2 931-8138

4. Atty. Alberto Sipaco Jr.
Regional Director
Commission on Human Rights, Region XI
Trinity Bldg., Quimpo Boulevard, Ecoland
8000 Davao City
PHILIPPINES
Tel: +63 82 298-3749
Fax: +63 82 298-2233

5. Mr. Rodrigo Duterte
City Mayor
City Government of Davao
City Hall Building, San Pedro Street
8000 Davao City
PHILIPPINES
Fax: +63 082 224-5885

6. Mr. Diego Garcia-Sayan,
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org


Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-134-2005
Countries :
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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.