|
Press Statement
HRN Fact finding team in Philippine April 2007
1 Human Rights Now, Tokyo Based international human rights NGO has
conducted the investigation on extrajudicial killing and enforced
disappearance in the Philippines on 14-21 April, 2007. As Asian friend,
Japanese civil society is very concerned the fact that substantial numbers
of Filipino people have targeted of extrajudicial killing and enforced
disappearance. Human Rights Now shares this very concern and decides to
send fact finding mission to the Philippines.
We greatly appreciate kind cooperation given by all the sectors concerned.
During our visit, we met with DILG senior personal, the Commission on
Human Rights, the Integrated Bar of the Philippines and several rights
groups, especially Karapatan.
Also, very importantly, we have conducted thorough investigation of the
alleged victims and relatives of the victims of extrajudicial killing and
enforced disappearance. We have interview on 15 cases of extrajudicial
killings( total victims 26) , 3 cases of disappearances and 5 victims’
case of tortures.
2. Upon completion of the investigation, the fact finding team of HRN
found that in most cases it has investigated, the military or police
agency of this country is the one who is attributed to the killings,
disappearances or tortures.
First, in certain cases we have investigated, we are convinced that the
military is involved in the killing. One of the most obvious cases is
Hacienda Luisita Massacre in 16 November 2004.
Second, there are certain cases that the witnesses directly pointed out
the perpetrators. For example, we interviewed with a witness who saw the
abduction of two students of University of the Philippines. The witness
clearly states that he identified the perpetrator as military, 56th
Infantry Battalion. We found this testimony is quite credible.
Third, in most cases, the systematic pattern and circumstantial evidences
strongly suggest the connection between government and the killing. In
most cases, prior to the killing, the victims were either profiled/
condemned as “left” or “enemy of the state” or given the threat /
harassment.
Forth, as for torture, based on our interview with so called “TAGAYTAY5”,
we have acknowledged the brutal abduction and torture was conducted by the
state police agency in order to obtain the information of alleged their
“left” activity.
In terms of the number of killing, we realize more evaluation and
clarification is needed. However, the very important thing is that there
are certain numbers of extrajudicial killing conducted by state agency.
Also, it is our grave concern that despite of the fact above, perpetrators
within the government are not brought to justice, and human rights
violators within the government are enjoying impunity. All the victims’
relatives we saw were claiming that there is no justice and
accountability, serious investigation on the killing of their beloved one.
3 We found that even after the UN Special Rapportuer Philippe Alston’s
country visit, the situation of the extrajudicial killing is not
ameliorated. For instance, on March 31 of 2007, Grecil Buya, 9
year-old-girl was killed by Military in New Bataan, Compostela Valley
Province, Mindanao. We have conducted an interview with her parents, and
found that her death was caused by the military attack on this innocent
civilian girl. We do not believe the military’s allegation that she is a
child soldier of NPA carrying M16 rifle, based on her educational record,
her inability to carrying such rifle, and detailed testimony of her
parents. It is our disappointment that neither pubic apology of military
nor investigation against the perpetrator has been taken place after the
incident. We condemn the killing and impunity on this case.
4 We emphasize the gravity of this human rights violation. In the cases we
investigate, the victims includes highly respected lawyers, human rights
activists, union leaders, church bishop, city counselor, barangay captain
and left activists. Most of them usually speak out for rights on behalf of
ordinary citizens. Such killing creates fear among the people and cause
chilling effect on the entire society. It would undermine the actual
freedom of expression, and ultimately, democratic society as a whole.
We have obtained the document of Oplan Bantay Laya and appendix. According
to the documents, OBL does not differentiate between NPA and legal
organization as the target of counter insurgency, and try to “neutralize”
the target in certain period. However, civilian activists must not be
labeled as NPA nor targeted by States. It is the basic principle of
international humanitarian law that civilian who is not directly
participate into the armed conflict should not be a target of armed
attack. The government must strictly differentiate armed group and
civilian activists, and respect/ protect the right to life of the latter
at any circumstances.
5 We have to express the concern of the remedy for the human rights
violation. Despite the fact that Former General Parparan was pointed out
as the responsible one of the successive killings in the Melo Commission
report, no prosecution against him has been filed so far. Impunity of
government official is still widely prevailing.
When we met a high rank personal of DILG, Undersecretary Melchor Rosales,
he stated that there is no extrajudicial killing in this country, but only
unexplained killing. Also, he stated the police have been conducting human
rights education periodically after the Marcos Era and there is no need to
be requested additional measure by the UN Special Rapportuer.
We have to say that the government of the Philippines does not fulfill its
obligation to prevent the recurrence of extrajudicial killing and forced
disappearance so far. Each killing is not isolated incident, but
systematic pattern of human rights violation. In order to redress, the
state is not enough to depend on the procedure of the special courts. The
state should conduct thorough, effective and transparent investigation
with victims’ full participation as well as with international monitoring
and technical assistance as appropriate.
6 Under the International Covenant of Civil and Political Rights, State
has obligation to respect and protect human rights of all the people
within its jurisdiction. State should refrain from any conduct of human
rights violation, especially violation of right to life, and also it
should protect the people from all form of human rights violation by
taking measure including investigating and prosecuting human rights
violators. There is of course an issue of human rights violation by non
state actor in this country. However, the fact that non state actor is
committing human rights violation is not a justification for state to
violate its own obligation on human rights.
We call upon the Philippine government
1) To immediately stop the policy targeting civilian organization and
individual activists.
2) To conduct or resume a thorough criminal investigation on the all cases
of alleged extrajudicial killing and enforced disappearance
3) To conduct thorough, effective and transparent investigation of truth,
cause and remedy of the human rights violation with victims’ full
participation as well as with international monitoring and technical
assistance as appropriate.
4) To adhere all international human rights and humanitarian law
7. As the largest giver of Overseas Development Assistance (ODA) to the
Philippines to date, the Japanese government has moral obligation to
promote the protection of basic human rights in the recipient country, as
stated in the existing principles in Japan’s ODA Charter. As stipulated in
the four (4) principles of ODA implementation, “full attention should be
paid to efforts for promoting democratization…and the situation regarding
the protection of basic human rights and freedoms to the recipient
country”.
Japanese prime minister has formally expressed “the great concern among
the Japanese on the human rights situation in the Philippines” to
President Arroyo on 9 December 2006. However, Philippine local press
recently reports that two Governments may sign the Exchange of Notes of
the 27th Yen loan Package on the occasion of President Arroyo’s coming
visit to Japan in May. We overstate that unconditional provision of its
ODA loan to the Philippines under this situation may send misleading
message to the Philippine government that Japanese government endorse or
condone the human rights policy of the government. ODA must not have any
impact against human security, peace, stability and human rights.
We
call upon the Japanese government,
1) To suspend the Yen loan agreement up until it recognizes the human
rights situation and accountability mechanism has clearly improved.
2) To keep monitoring human rights situation and accountability mechanism
in the Philippines, as well as conducting constructive dialogue on human
rights with the Philippine government.
3) To raise the awareness on the situation within international community
through stating the issue before the UN Human Rights Council.
8 Human Rights Now will issue the report of the fact finding mission
within 2 months and send both Japanese and Philippine governments, and all
states and rights group share concern. Human Rights Now is holding a
conference and dialogues with the UN Special Rapportuer Philip Alston on
this matter in Tokyo in coming May and raise awareness of this grave human
rights violation both Japanese and International society.
~Protecting Human Rights for All~ Human Rights Now
Human Rights Now is the first Japanese international human rights NGO
comprising a body of experienced legal professionals dedicated to
protecting and promoting human rights around the world, with a special
focus on Asia. The activity includes monitoring/ fact finding of human
rights, human rights education and advocacy work.
Note: KARAPATAN
facilitated the fact-finding mission by HUMAN RIGHTS NOW-JAPAN from April
16-20, 2007.
Statement in Word Format
|
 |
 |
 |
|
Inday Grecil
Ni Frankie del Rosario
Saksi ang naulilang sapa
Noong lumisan ka.
Ang kanilang mga balak
Ang nagpaitim sa tubig
Kaya't doo'y di ka na nakapaglaro.
Tumakbo kang papalayo sa sapa
Pabalik sa niraratrat na dampa.
Nag-alala ka.
Di mo nabatid,
Wala na roon ang iyong ama't ina
Wala na rin doon ang iyong mga kapatid.
Di mo na sila naabot ng iyong yakap.
Di na rin nila nayugyog ang iyong
pag-aalala.
Sapagkat bumaon sa lupa
ang iyong mga yapak.
habang ang mga punglo
ay humagibis sa iyong siko
at ang isa'y dumurog
sa mura mong bungo.
Inday Grecil,
Noong bago ka tuluyang paslangin,
Walang nakarinig sa impit mong daing
Maliban sa kanila.
Sila na may maitim na balak,
Mga berdugong nag-piyesta sa iyong bangkay
Isang ripple ng M-16
na halos kasintaas mo
Ang sa iyo'y pilit pina-angkin
Upang ituro ka bilang salarin.
Inday Grecil,
sakali mang dumaing ka
Bago ang bungo mo'y pasabugin
Walang nakarinig sa impit mong daing
Maliban sa kanila.
Ngunit, ayaw nilang mabuhay ka.
Dahil saksi ka laban sa kanila
mga berdugong humihiklas ng hininga
at pumapaslang ng mga pangarap
Ng maraming Ama at Ina
At ng gaya mong bata.
Inilathala ng Bulatlat
Si Grecil Buya ay
siyam na taong gulang noong siya ay paslangin ng mga militar ng 67th
Infantry Battalion ng AFP sa Purok 5, Brgy. Kahayag New Bataan, Compostela
Valleynoong ika 31 ng Marso, 2007. Ilang araw lang ito pagkatapos ng
kanyang recognition sa Grade 2 sa Simsemin Elementary School kung saan
siya kinilala bilang isa sa pinakamahusay na estudyante at Most Neat.
Ngunit ayon sa militar, siya diumano ay isang batang mandirigma na kasapi
ng New People's Army (NPA). Patunay nito, ayon sa militar, ang isang M16
na itinutok sa kanila ni Grecil kaya nila ito binaril. |
|
PRESS RELEASE
19 April 2007
Reference: ALPHONSE RIVERA, Officer-in-Charge SALINLAHI ALLIANCE FOR
CHILDREN’S CONCERNS
CHILD-KILLERS IN THE AFP MUST BE PUNISHED FOR THE DEATH OF GRECIL
SALINLAHI, an alliance of organizations concerned with the rights and
welfare of children, condemns the cold-blooded killing (murder) of Grecil
Buya Galacio, a 9 year old school girl from Compostella Valley by members
of the 101st Infantry Brigade of the Armed Forces of the Philippines (AFP)
in March 31,2007. Salinlahi also strongly denounces the military’s attempt
to cover up the killing by branding Grecil as a “child soldier” of the New
People’s Army.
Grecil was taking a bath on a nearby creek when combined forces of the
28th and 67th Infantry Brigade based in Compostela Valley shot her at the
back of her head, instantly killing the child. The military later issued a
statement that Grecil was carrying an M16 rifle and fired at them. Their
initial statement was that the child was a 12 year old boy and a child
soldier.
To belie the military’s charge against Grecil as an NPA child soldier,
relatives and friends courageously spoke up and described Grecil as an
obedient, playful and fun-loving girl who has just started to look forward
to a summer vacation with her family. The glaring truth has forced the
military to retract knee-jerk reactions and apologize.
However, we cannot help but doubt the sincerity of their apology. we
believe that these acts are intentional and systemic rather than isolated,
consistent with the Macapagal-Arroyo’s and the AFP’s counter-insurgency
program, Oplan Bantay Laya 2. In their futile attempt to cover up the
violations against human and children’s rights they have committed, they
recklessly and falsely brand the children victims as “child soldiers”. By
doing so, as in Grecil’s case, children are all the more made vulnerable
targets of human rights violations.”
This is not the first time that the military has used the excuse of
branding children as “child soldiers” in the pursuit of their
counter-insurgency program. In the past year alone, several cases of
children being charged with rebellion was brought to fore. Among the cases
highlighted by the media were the case of the Baguio “punks”, the three
youths from Quezon province who were tortured to force them to admit that
they were NPAs, 11 minors who were arrested and jailed in Camp Bagong Diwa
in Bicutan as alleged members of Abu Sayyaf.
We challenge
the Arroyo government to go beyond hypocritical press releases of her
support for children’s rights. She must prove her sincerity in upholding
children and human rights by dropping all rebellion charges against
children and minors. In Grecil’s case, we demand justice and punishment
for the perpetrators. Their failure to do so will make this administration
accountable for the destruction of these children’s lives and future.
We urge child
rights advocates, including politicians running for office, to condemn
this brutal act and join us in our actions on the case. We will be filing
a complaint at the Commission on Human Rights and the Joint Secretariat of
the Joint Monitoring Committee of the CAHRIHL and present the case to the
Geneva Committee on the Rights of the Child and to Mr. Philip Alston, the
UN Rapporteur for Extra Judicial Killing.
We also urge
all decent and peace-loving Filipino family to support our call for
justice for Grecil and all other children and minors who are deceitfully
branded as child soldiers. Let us not tolerate the rampant violation of
children’s rights, especially by the very institutions that vow to protect
them. Let us instead be instruments in building a just and peaceful future
for our children.
Bagong Diwa in Bicutan for more than years now. |
JUSTICE FOR
GRECIL AND ALL CHILDREN VICTIMS OF THE US-ARROYO REGIMES WAR OF TERROR!
PROSECUTE AND PUNISH ALL THOSE RESPONSIBLE FOR THE WRONGFUL DEATHS AND
ARRESTS OF CHILDREN!
PROTECT CHILDREN’S LIVES AND UPHOLD THEIR HUMAN RIGHTS!
Other cases of
children and minors charged with rebellion:
* In February last year, the military arrested 12 youths, 3 of them
minors, who were bound to watch a rock concert in Baguio City. The youths
were detained for months and were charged with rebellion.
* Two High School student Aileen and Marjorie, aged 14 and 15 years old
were shot and injured in Baggao, Cagayan by members of the 21st IB PA.
They were also branded as an “NPA amasona” and were charged with
rebellion. They now fear that she could not continue her studies with a
case filed against her.
* 3 youths, Jefferson, Kennedy and Joey, all 15 years old, were gathering
coconuts when they were chanced upon by members of the 76th IB PA in
Lopez, Quezon. They were tortured to force them to admit that they were
members of the NPA. They were also charged with rebellion
* 5 minors have been arrested and placed in the custody of the DSWD for
being in a place where alleged NPA leaders were caught in Eastern Visayas
* 11 minors were arrested in Basilan while tending their farms. They were
branded as Abu Sayyaf members and were detained at Camp Bagong Diwa in
Bicutan for more than years now.
Statement in Word
Format
All about
Grecil
►
Her name
was Grecil by Patricia Evangelista
►
Japanese rights group
seeks ODA suspension over killings
►
Japan group tags AFP in killings, wants aid to RP
frozen
►
Solon reiterates call for court-martial of Army
commander in 9-year old's brutal killing in Compostela
►
International community must be well-informed about
the dire consequences of the label "child soldiers" to Filipino children -
SALINLAHI
►
With Gen. Holganza's pre-judgment, Grecil's family
fears justice will be denied
►
Troops in ‘child warrior’ case restricted; probe
continues
►
Karapatan condemns military strafing of civilians in
New Bataan; 2 killed, 3 survive civilians in 28 th IB shooting
►
“Military in a
rampage in Compostela Valley !”-KMP
US lawmakers and EU Parliament on the
killings in RP:
►
US lawmaker to Arroyo: ‘Move quickly’ against
killings
►
Letter of US Rep. Ellen O. Tauscher to GMA
►
Letter of US Rep. Adam Smith to GMA for the release
of Ka Bel
►
European Union resolution on killings in the
Philippines
News/statemetns on the ambush/abduction of Iloilo activists:
►
Statement of Tomas Legislador Dominado, Jr. on the
abduction and disppearance of his wife, Maria Luisa Arches Posa and Nilo
Arado
►
A
Wedding anniversary statement of Rosemarie Arado for Nilo Arado
►
Court asked to compel military to produce abducted
activists
►
Gov't scored for inaction on abducted militants'
cases
News/statements on latest HR violations in Central Luzon and Cavite:
►
Attacks on
leftists continue:“Military raided peasant leader’s house mauls his
nephew!”-KMP
►
Anakpawis member’s home raided; activists blame
military for attack
►
"We
will fight till the end! - Cavite Ecumenical Movement for Justice and
Peace
|
|
Tulog na Grecil
ni Enrico Arcanghel Jr.
Ipaghehele kita, isasayaw sa ere;
Ipikit ang mga mata, mahimbing
Na sana, iyong pagtulog,
Sa magdamag na mahaba;
Gabi na, Ineng, matulog ka na.
Habang idinuduyan, sa aking mga bisig,
Magaan na sana, iyong pag-iisip
Humimlay na, aking Maria,
Buntong na malalim, mamahinga
Sa kandungan ng iyong ina.
Hahalikan ko ang iyong mga pasa,
Pipigilan ko ng aking pisngi,
Pagbulwak ng iyong dugo,
Sa mga sugat, uka, damhin ang init at diwa,
Kalimutan, mga pasakit, tulog na anak, tulog na.
Isalin mo, iyong iniinda,
Limutin ang mga hapdi,
At aking sisimsimin ang imbing
Pagpapasakit, mga tinamong paghihirap
Na dapat sanay sa akin.
Natatandaan mo ba,
Sa punong bayabas,
Natanaw mo, malayong lagusan,
Sa siyudad makislap, mapayapa,
Pangarap mo, sanay matamasa.
Babalutin kita ng aking bandila,
Iyong lampin sa pangungulila,
Paglalakbay sa paghahanap,
Ng kasagutan sa malayong lupa,
Tulog na anak, may bukas pa.
Hindi na kita makantahan, ihelehele pa,
Paos ang tinig, mabuway ang tayo,
Walang sandigan, ina'y baon sa lupa;
Ngunit darating muli, ang ilaw sa ibayo,
Hintayin natin, malapit na anak, malapit na.
|
 |
