URGENT APPEAL - THE OBSERVATORY

PHL 003 / 0710 / OBS 086

Assault / Threats

Philippines

July 16, 2010The Observatory for the Protection of Human Rights Defenders, a joint programme of theWorld Organisation Against Torture (OMCT) and the International Federation for HumanRights (FIDH), requests your urgent intervention in the

following situation in

the Philippines

Description of the situation:

The Observatory has been informed by the Task Force Detainees of the Philippines (TFDP)of the assault against Father

José Francisco Talaban

, parish priest of Nuestra Señora de laSalvación, and the threats against community leaders

Edwin García

Pedro Calivara

Alfonso Jan

Arnold Gamaro

Arnel Turzar

Marlon Angara

Jerry Fabro

and

RachelPastores

in Barangay

Bianoan, municipality of Casiguran, Aurora Province.According to the information received, on June 26, 2010 at around 2:20 am, a group ofunidentified armed individuals fired gun shots and threw grenades at the parish house whileFather José Francisco Talaban was sleeping. Fr. Francisco, shocked by the explosion,immediately walked inside the bathroom to protect himself where he stayed for almost threehours. At around 5:00 am, trusting that the group would have left, he went outside to see thedamages caused by the perpetrators. He reports countless bullet marks and shrapnel abouttwo meters from his own bed. Fr. Francisco also discovered three empty shells from an M16rifle and three empty shells from an M14 rifle outside the parish gate. Within the churchcompound, Fr. Francisco found three laminated pamphlets, supposedly issued by the“Aniban ng Ayaw sa Komunista” - Anti-Communist Group - stating that he was evil,communicating him that he was no longer welcome in the community, asking him to leaveand warning that his days were numbered. The pamphlet listed down the names of thecommunity leaders the signatory group were also targeting: Messrs. Edwin Garcia, PedroCalivara, Alfonso Jan, Arnold Gamaro, Arnel Turzar, Marlon Angara, Jerry Fabro, and Ms.Rachel Pastores. According to a witness, a vehicle without a license plate was near thechurch monitoring the incident. The local police went to the church hours later to conduct aninvestigation and Fr. Francisco requested the assistance of the Commission on HumanRights in the region for an investigation but they are yet to act on the matter. Fr. Franciscoand the community leaders listed in the pamphlets are actively advocating and assistingsectors opposing the establishment of an economic zone in the Province

, particularly theconversion and/or expansion of the Aurora Special Economic Zone Authority (ASEZA) intothe Aurora Pacific Economic Zone (APECO)

. Fr. Francisco, with the support of the CatholicChurch had raised the local communities’ decision to oppose this conversion and/orexpansion to advocacy groups in Manila. According to them, the project will displacedindigenous people, farmers, fishermen and their families, particularly those within themunicipality of Casiguran. They have also stressed that the local population have not beenconsulted.

Barangay is the smallest administrative unit in the Philippines.

The economic zone will cover broad a range of zone types such as: Free Trade Zones, Export Processing Zones,Industrial Estates, Free Ports, and Urban Enterprise Zones. It will entice foreign investors to set up shops in thecountry by giving them perks such as exemption from certain taxes. Land could be expropriated to contractors ofthe project thereby displacing farmers, fishermen and indigenous people in the region.

Former President Gloria Macapagal Arroyo signed into a law Republic Act (RA) 9490 making Aurora province aspecial economic zone. It was later amended into RA No. 10083 effective April 22, 2010 providing the expansion ofthe actual size of the economic zone, including the municipality of Casiguran in Aurora, to 13,852 hectares fromthe previous 480 hectares.

The Observatory strongly condemns the attack against Mr. José Francisco Talaban and thethreats against Messrs. Edwin Garcia, Pedro Calivara, Alfonso Jan, Arnold Gamaro, ArnelTurzar, Marlon Angara, Jerry Fabro and Ms. Rachel Pastores, which seem to be merelyaimed at silencing their work as human rights defenders.

Actions requested:

Please write to the Philippines authorities urging them to:i. Guarantee in all circumstances the physical and psychological integrity of Mr.José Francisco Talaban, Messrs. Edwin Garcia, Pedro Calivara, Alfonso Jan,Arnold Gamaro, Arnel Turzar, Marlon Angara, Jerry Fabro, Ms. Rachel Pastoresand in general of all human right defenders in the Philippines;ii. Order a thorough, impartial and transparent investigation into the abovementioned facts in order to identify all those responsible, bring them before a civilcompetent and impartial tribunal and apply to them the penal sanctions providedby the law;iii. Put an end to all acts of harassment against all human rights defenders in thePhilippines, and ensure in all circumstances that they be able to carry out theirwork without unjustified hindrances;iv. Conform in any circumstances with the provisions of the Declaration on HumanRights Defenders, adopted on December 9, 1998 by the United Nations GeneralAssembly, in particular its article 1, which states that “everyone has the right,individually or in association with others, to promote the protection and realizationof human rights and fundamental freedoms at the national and internationallevels”, and its article 12.2 which provides that “the State shall take all necessarymeasures to ensure the protection by the competent authorities of everyone,individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of the rightsreferred to in the present Declaration”;v. Guarantee the respect of human rights and fundamental freedoms in accordancewith the Universal Declaration on Human Rights and other international humanrights instruments ratified by Philippines.

Addresses:

•

His Excellency Benigno Simeon C. Aquino III, President, Malacanang Palace, JPLaurel St., San Miguel, Manila, Philippines, Fax: +632 736 1010, Email:corres@op.gov.ph /opnet@ops.gov.ph

•

Hon. Leila De Lima, Secretary, Department of Justice (DOJ) Padre Faura, 1004Manila, PHILIPPINES, Fax: +632 521 1614, Email:atty_delima@yahoo.com.ph

•

Office of the Chairperson, Commission on Human Rights (CHR), SSAC Bldg.,Commonwealth Avenue UP Complex, Diliman, Quezon City, Philippines, Fax: +632929 0102

•

Lieutenant General Ricardo A. David Jr., Chief of Staff, Armed Forces of thePhilippines (AFP), AFP-GHQ Offices, Camp Gen Emilio Aguinaldo , Quezon City,Metro Manila, Philippines, Fax: +632 911 6436

•

Director General Jesus A. Verzosa, Chief, Philippine National Police (PNP) CampGeneral Rafael Crame, Quezon City, Philippines, Fax: +632 724 8763, Email:bluetree73@gmail.com