REGIONAL WORKING VISIT

Advisory:
April 7, 2009

The Chairperson of the Sentral nga Komite nga Tagapagpatuman of the Eastern Visayas Youth Council will be in Eastern Visayas from April 14 to May 31 of this year for a Regional Working Visit. Agenda of the visit are the following:

1. Regional Youth Summit organized by the Kabataang Pinoy - EV on April 30.
2. EVYC networking with EV-based organizations, EV Youth Network expansion.
3. Fact-Finding Mission in Northern Samar municipalities.
4. Gathering of data and documents of the region.
5. Presentation of Metro Manila-based EV youth situation.
6. EVYC expansion and publicity.
7. Other organizational and confidential matters.

All EV-based organizations are advised to contact the Chairperson through mobile phone nos. 09283649093 should you have any business you would like to transact with him. You may also email him at kmlabagala@gmail.com or through our email address at ev_youth@yahoo.com. Other EVYC Central Officers will be attending the Regional Youth Summit on April 30.

Let us strengthen the bond of the Waraynon youth in the region and in Metro Manila.

Tindog Waraynon, Asdang Batan-on!


EVYC Regional Liaison Officer
EVYC Regional Affairs Committee

Chronology of Documented and Reported Human Rights Violations in the Second District of Northern Samar

2008

March 5. A soldier from the 63^rd Infantry Batallion, Philippine Army hit Orlando Luto, 49 years old, a resident of Brgy. Lakandula, Las Navas, on his back when the soldiers arrived at Junior Diaz’s house at the farm. After that, the soldiers brought Orlando to the barrio and were only allowed to leave at 11:00 pm.

May 9. Operating soldiers from the 63^rd Infantry Battalion, Philippine Army, led by a certain Lt. Tayaban, passed by the houses of Walde Mañuzo and Oscar Obiado in Brgy. Capotoan, Las Navas and burned their houses down. Their belongings inside their houses were also burned including four (4) sacks of palay, four (4) ganta of rice, seven (7) ganta of corn.

May 17. Obok S. Capoquian, 36 years old, married with 2 children, a merchant, and a resident of Brgy GM Osias, Gamay met operating troops led by 1^st Lt Rempillo, Bravo Coy, 63^rd IBPA camping at the town proper, Gamay. The troops were operating at Sitio Tugbo, Brgy. Bangon, Gamay when the victim and his wife passed them. The two were illegally detained for half an hour and were incessantly questioned regarding the NPA, at the same time threatening to hit them on the face, tied them up and fiercely pulled out Obok’s beard.

April. Ambet R. Lebico, 16 years old, resident of Brgy. GM Osias, Gamay was working on his copra near the dirt road intersecting for Brgy. Lonoy, Gamay when operating troops detained him and forced him to accompany them towards Brgy. Lonoy. The military insisted to use him as guide in their military operations but was forced to free him upon the intervention of the Brgy. officials of Brgy Lonoy. The operating troops were under the command of 1Lt. Robert Salvan, 20^th IBPA Bravo Coy.

June 5. Preding Galves, 40 years old, a resident of Brgy. Bangon, Gamay was invited to the base of soldiers in Gamay by a certain Cpl. Vetonio. There he was accused of taking part of an alleged ambush in a barrio in Gamay on May 15, 2008. After that, the military visits his house nightly and ordered him to report at their base.

June 28. At around 4:30 pm in Brgy. Bangon, Gamay, Elmer O. Magallanes, 19 years old, a resident of the said barangay, was loitering around the streets when a certain Sgt. Argenio, an element of the 63^rd IB, PA approached, punched him on his chest and tied his neck. Sgt. Argenio accused Elmer of being a supporter of the NPA and youth organizer for the NPA.

Panya C. Duarte, 49 years old, widow, a resident of Brgy. Bangon, operating troops led by a certain 2Lt. Acassio under 1^st Lt Rempillo went outside her house, ordered her to go down and go to the camp with them for an interview which she did not obliged.

July. In Brgy Bangon, Gamay Northern Samar, the following residents of Brgy. Bangon, Gamay was illegally detained in the military camp in the town of Gamay: Honorio Rebay, Brgy Captain and ABC President, Edak Rebay, Honorio’s wife, Arturo Duarte, a Brgy. Councilor, Apang Esponilla, a Brgy. Councilor, Nani Turla, a Brgy. Councilor, Rosa Barnubal, a merchant, Didoy Mercado, a farmer, and Elmer Magallanes. Inside the camp, they were individually interrogated, was accused of being staunch NPA supporters and organizers and later was forced to sign papers.

August 3. Operating soldiers from the 63^rd IB passed by Gaspar Cerbito, 30 years old, a resident of Brgy. Pagsang-an, San Roque, in his coconut farm. The soldiers ordered Gaspar to get coconut. Out of fear, Gaspar was not able to select good coconuts, because of that, one of the soldiers hit him in the head.

Samuel Corong, 50 years old, was in his farm in Brgy. Pagsang-an, San Roque, when soldiers from the 63^rd IB passed by him and asked him where the New People’s Army’s camp is located. When Samuel told them that he did not know, one of the soldiers slapped him hard on his face, took his jungle bolo and pointed it at his neck. Because of the incident, he lost his mind for almost a week.

August 13. While Jene Enero and her family was sleeping in their house in Brgy. Coroconog, San Roque, soldiers from the 63^rd IB forcibly entered their house to look for someone. The soldiers went directly where they were sleeping and aimed their M16 rifles at Jene’s son-in-law’s head. When they were not able to find who they were looking for, they went to Jene’s neighbor and also forcibly entered the house but was also not able to find the person they were looking.

October. Unrecognized military elements assaulted Carlito Celbestre, 30 years old, resident of Brgy. Pagsang-an, San Roque, when he attempted to respond to a house where he heard a woman screaming because she was being forced to come with the said soldiers to the house where they were occupying. The soldiers took Carlito instead to the said house and was assaulted there.

November 2. Londing Toling, 70 years old, resident of Brgy. Lakandula, Las Navas, died when she jumped from her house out of fear of the gunshots and explosions due to an encounter by the soldiers and rebels inside the said barrio. At the same incident, Sarah Luto, a resident and Brgy. Councilor of the same barrio, fainted because of fear of the gunshots and explosions. While Loleto Salajendo, 42 years old, resident and Brgy. Kagawad of Brgy. Osmeña, Las Navas, was almost hit by the firing when he passed by Brgy. Lakandula on the same day to get products to sell.

Because of the explosions in the said barrio, residents of Brgy. Lakandula and Brgy. Osmeña evacuated to a nearby barrio.

November 23. While Sabas Enero, his wife and 7 children who are all minors were sleeping in their house in Brgy. Lawaan, San Roque, someone knocked on their door and when Sabas opened it, two males wearing ski masks were there and immediately fired at him which resulted to his immediate death. The same men strafed the house while Sabas’ wife and children were still inside. His wife sustained for gunshot wounds in her body. A few months before the incident, Sabas was assaulted by soldiers from the 63^rd IB.

2009

January 18. James Tulin, 20 years old, resident of Brgy. Hiparayan, Silvino Lobos, was in his aunt’s house in Brgy. Dali, San Roque when soldiers from the 63^rd IB, led by a certain Jeric Flores together with a member of the CAFGU who was known as Bototoy, went there and accused James of being a member of the NPA. The soldiers brought him to their camp and a few days after, residents from their barrio saw him being brought by the soldiers to their operations.

Source: KATUNGOD-SB-KARAPATAN

EVYC 18th Founding Anniversary

Tindog Waraynon, Asdang Batan-on:
Dise-otso ka-tuig hin tangkod nga serbisyo han batan-on ha Rehiyon otso.

In celebration of the 18th Founding Anniversary, the Eastern Visayas Youth Council will be conducting a cultural and consolidation night for all members at the Vinzons' Hill, UP Diliman (tentatively) at 6:00PM on March 23, 2009. All members and EV youth are welcome to join on this occasion.

Mabuhay an ika-18 nga anibersaryo han pagkatukod han EVYC!

Sentral nga Komite nga Tagapagpatuman
EVYC

Boto Kabataang Pinoy!

Let us exercise our right to suffrage and our responsibility to vote for our country.

More than half of the voting population comes from the youth sector. This is a manifestation of the strength of the youth and also a challenge for the youth's active involvement in social and political struggles. Come May 2010 we will be again called into action. It is high time that we, the youth who will inherit the future of this nation, be involved in this struggle for electoral reforms. It is time to change the decadent political order.

Let us all register to our local COMELEC offices so that on May next year we would be able to stand proud and say, "I've been part in changing society" and "I'm a youth who changed history". Registration is until October 2009.

The Eastern Visayas region is one of the most impoverished regions in the country. We are one of the priority areas of militarization. The apple-of-the-eye of greedy, imperialist, multi-national mining companies. The youth of the regions suffers most of the burden that our region endures. The working force of the region i.e. the farmers and workers are mostly from the youth sector. Internal migrants and refugees i.e. those who have migrated to Metro Manila from our region are mostly from the youth sector, seeking greener pastures and/or refuge from the fangs and clutches of state terrorism. When shall the youth of our region stand up for themselves? When shall the Waraynon youth be at the forefront of the struggle? If not now when? If not us, who will?

Let the youth's vote be for the youth's interests.

Mabuhay ang Kabataang Pinoy!

Public Message from the EASTERN VISAYAS YOUTH COUNCIL.

Four years of injustice for People’s Lawyer Atty. Dacut

Four years after People’s Lawyer Atty. Felidito “Boy” Dacut, was brutally assassinated by motorcycle-riding men on March 14, 2005 while he was on board a passenger vehicle in Tacloban City , justice is still remote for Atty. Dacut’s family.

Atty. Dacut was the Regional Coordinator of Bayan Muna (People First) Partylist in Eastern Visayas at the time he was killed. In addition, he was a pro-bono lawyer who gave free legal services to farmers, workers, the urban poor, and other oppressed masses. He selflessly devoted his life’s work in advocating for a class-based human rights and serving the people through arousing and organizing them to stand up and fight for their rights.

The government agencies’ futile investigations—if they ever did investigate—resulted to maligning Atty. Dacut’s name labeling his killing as a communist purging, instead of pursuing the real perpetrators which is the government itself because of its anti-insurgency campaign Oplan Bantay Laya (Freedom Watch) which targets legal personalities who are critical of the government.

We call on all concerned agencies and people to unite in the call and fight for justice for Atty. Felidito Dacut and all victims of Extrajudicial Killings and human rights violations in Eastern Visayas and to persecute real perpetrators which is the Commanding Officer of the Armed Forces of the Philippines herself, Gloria Macapagal-Arroyo.###

KATUNGOD-SB-KARAPATAN

An Open Letter to the members of the Armed Forces of the Philippines

Last February 9, 2009 I received a letter-invitation from LTC Roldan A. Radaza, writing in behalf of the Commanding General of the 8^th Infantry (Storm Troopers) Division, Philippine Army to be your Guest of Honor and Speaker in your Awarding Ceremony last February 16, 2009. Since I have a hearing at that date, I never had the chance to attend and to deliver my speech. This open letter is addressed to all of you as a substitute of the very rare opportunity given to me.

You are a member of the Philippine Army duty-bound to look after the good, safety, and welfare of the people. “Civilian authority is supreme over the military” this is supposed to be your guiding principle. You have to set aside your own interest for the interest of the people; even if your life is on the line in protecting the people still you must not arrogate with the guns you are carrying. You must bow down to the people who are the reason why you have a job and why you have the necessary compensation. You are considered as lucky and brave enough to take on this duty upon your shoulders.

As your speaker, I am a human rights lawyer and a human rights activist who have been the Secretary – General of KATUNGOD – SB – KARAPATAN since 2006 until the end of 2008. I have been in the forefront of this broadest and most militant human rights alliance in the Region. I know you know me by name and some by face. I also know you have your perceptions and misconceptions.

Regardless of what you are thinking and what is instilled in your thoughts about me, allow me to take my part as your invited guest speaker and guest of honor.

First on the issue of human rights. I know you have taken a course on this matter in your training and upon enlistment. But I am not sure if this concept of human rights goes down in your thoughts or just goes down to the drain. I am saying this because your spokesperson seems not to understand. Human rights is not just a concept, this is a hard-earned victory of the people of the world. Human rights came into being when the people started to assert and victoriously assert their rights against the powerful hand and machinery of the State.

Being an agent of the State, sad to say, you are viewed differently from a civilian. The civilian populace is guaranteed with rights and protection which he can set up against the State in order to advance and promote these rights. These guarantees are guaranteed by law to civilians and the reason why there exist the Police and the Military.

When you are conducting military operations, you are not allowed to stay within the Barangay, use the Barangay Hall or Day Care Center as your temporary shelter. This is not allowed under the Comprehensive Agreement for the Respect of Human Rights and International Humanitarian Law (CARHRIHL). Under the same Law, which by the way was signed and agreed upon by the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) as part of the peace talks, it is reiterated that the civilian populace must be respected and protected at all times. Even if this Agreement exists, so as the International Human Rights standards, our Constitution, and other laws of the Philippines, it is utterly disappointing that we (our Office) are receiving more and more complaints against you from the people specially those in the hinterlands. Cases of extrajudicial killings, enforced disappearance, forcible evacuations because of massive militarization, bombing, hamletting, illegal arrests and detentions, mauling and torture, harassments and interrogations, destruction and divestment of properties, to name a few. You don’t seem to respect the people whom you are duty-bound to protect and defend. To make things worse, instead of admitting your mistakes and taking actions for reparation and indemnification, you tend to cover up your mistakes by concocting stories and fabricating lies in order to give a simulation of legality or legitimacy of your unforgiveable actions. Let me cite a few example, to wit: (1) the Palo Massacre; long have you been misleading the people that it was a legitimate encounter. All of us know, just like looking on crystal-clear water, it was a glaring massacre of farmers including a seven month pregnant woman, (2) the Villaba Massacre; you still perpetrated the same lies by tagging it as an encounter but the facts remained untainted that it was a massacre killing a couple with their 11-year old son, (3) the triple killing in Pinanag-an, Maydolong, Eastern Samar; you alleged that those three were member of the New People’s Army vilifying our Alliance’s claim that those were farmers. These three (3) were claimed by the Municipal Mayor backed up by their families. If they were really combatants, do you think the Mayor will be going to the Commission on Human Rights and accompanying the families to lodge a case if they were indeed combatants?, and (4) the killing of Nonito Labong; he was the former SK Chairperson of Barangay Bay-ang, San Jorge, Samar who was mercilessly peppered with bullet and his remains was burned. You readily claimed that he was a member of the New People’s Army to legitimize his brutal murder. And the list goes on… These cases were glaring indication that you are not observing the existing protocols on human rights and you are not respecting the primary and basic human right of the people: the Right to Life.

Second, on the issue of always challenging our Alliance to conduct an investigation on cases which you allege committed by the New People’s Army. Let me set it straight, we are working within the bounds of existing laws, the International Human Rights Standard (the International Convention on Civil and Political Rights and the International Convention on Socio-Economic and Cultural Rights), the CARHRIHL, and the Philippine Constitution. We are a Human Rights Watchdog. Our mandate emanates from these and as such, we are investigating cases of human rights abuses committed only by agents of the state. In case you don’t know how is this so, let me give you a short history. Human rights advocacy and human rights struggle came into being because of the fact that it is established that the State, with all its component and machineries ready at its disposal, possesses an iron-clad fist when not monitored can be used against the people who have nothing compared to the powers of the State. This is the reason why all Constitution of all countries has the so-called Bill of Rights in order to regulate the powers of the State when it comes to dealing with the people, the civilian populace. You and your actions, being agents of the State, are always monitored by Human Rights Watchdogs and the Commission on Human Rights. All eyes are on you especially in the discharge of your duties.

You have this attitude of presenting a case of human rights violation allegedly committed by the New People’s Army and yet not extend any effort to formally endorse the same except through malicious pronouncements over the radio and the media. You condemn us first without giving us the benefit to know the facts or turning over to us the victims and their families. You must know the fact that we investigate a case when referred to us by the victim or family of the victim. We don’t have the superhuman instinct of knowing all cases committed in any part of the Region unless it is referred by our provincial counterparts and the victims themselves.

Third, in condemning killings of members of the Armed Forces. Since time immemorial you have been condemning us, the Alliance, of not condemning the killings of your comrades in arms made by the New People’s Army. I cannot however fathom the logic of this. If you know the Rules and the Laws, I bet you will not be dwelling on this line of questioning. This is highly ignorant of you, I tell you. This would tantamount to condemning killings made in a legitimate encounter. We don’t do that kind of advocacy. I know and you equally know for a fact that upon swearing in as a member of the Armed Forces you know the risks to your life because there is a war and that you have a definite enemy that is equally armed: you know that your life and security is on the line. In International Humanitarian Law, a member of any armed group actively participating in an armed conflict is considered as an active and legitimate target of their armed counterpart. This is the Law of War and this is not within our mandate. The degree of assertion of human rights on your part is not as broad as those of a civilian. Even in cases of a hor’s de combat on your part is not within our mandate to investigate. We have different agencies and institutions which are mandated to investigate: we have the courts, the Joint Monitoring Committee, and the Commission on Human Rights. If you will be pushing us further to investigate cases of human rights abuses allegedly perpetrated by the New People’s Army, it is as good as you saying that the Communist Party of the Philippines have a status of belligerency and that they are also existing as a separate state separate and distinct to the Government of the Republic of the Philippines. Even if this is the case, on your part, we still cannot do your “challenged investigation” because of the fact that we are operating under the context of the Philippine Government because this is the duly constituted authority, unless this is not the case today.

Lastly, let me remind you that human rights is an inherent right which emanates not from a grant by any State but emanates from the fact that we are human beings. Said rights can only be limited with due process of law. They cannot be denied arbitrarily.

All this brouhaha is all part of Oplan Bantay Laya II which you religiously obey from orders of your higher-ups. This propaganda is all made in order to malign and discredit our Alliance. You continued your futile attempt to discredit our documentation of human rights abuses which directly points to you as the number one violator of the basic and sacred human rights of the people. Sad to say, you are not winning but rather putting yourself in constant scrutiny. A mistake can never be cured by web-like mistakes.

As a parting message, I would like to remind you once again that the people can never be silenced by the use of violence and force. For as long as the basic needs of the people, genuine agrarian reform and national industrialization are not realized, the struggle continues. And even if you are able to kill, silence, and neutralize hundreds of people still million more will rise to continue the struggle.

You are a part of this struggle for genuine liberation and democracy. Be aware of the real reasons and serve your real masters: the people.

For Human Rights in the Region,

Atty. Kathrina R. Castillo

Head, Legal Services Committee

GRP apathetic to a just and lasting peace

On the last week of November last year, representatives from the Government of the Republic of the Philippines (GRP) and the National Democratic front of the Philippines (NDFP) met in The Hague, Netherlands for an informal talk with the aim of resuming formal negotiations between the two parties, although the talks failed to come up with a positive result. This is contrary to Major Magintolong Tocalo’s, Spokesperson of the 8^th Infantry Division, pronouncements that there is no peace process between the two parties.

Major Tocalo’s statements only reflects the apathy of the Gloria Macapacal-Arroyo (GMA) regime to continue with the peace negotiations with the NDFP to achieve a just and lasting peace through resolving basic economic and political reforms.

The GMA regime has consistently violated provisions of agreements—The Hague Joint Declaration, Oslo Joint Statements I and II, Joint Agreement on Safety and Immunity Guarantee (JASIG) and Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIHL)—signed by both parties (GRP and NDFP) which are still in effect and binding until now, especially JASIG, with the arrests of NDFP peace panelists, consultants and staffers who are under the protection of JASIG and CARHRIHL with the GRP’s brutal record of Human Rights Violations (HRVs).

Their violations have recently been justified again with the illegal arrest and detention of Eduardo Sarmiento, NDFP peace consultant in Eastern Visayas, last February 24, 2009 in Alabang, Muntinlupa City, Metro Manila. He was picked up by government elements without presenting a warrant of arrest, blindfolded and hogtied for twenty four (24) hours, was held incommunicado for four days, was illegally presented to the media which placed him in a trial by publicity and charged with different trumped-up cases in the region and NCR.

Militaristic means is the solution offered by the GMA regime in resolving the armed conflict in the Philippines instead of making steps in solving the root causes of the conflict. Their means resulted to almost a thousand cases of extrajudicial killings in the country recorded by Karapatan, where more than a hundred are from Eastern Visayas, and not one has been solved by government authorities. Massive militarization in civilian communities, especially in remote villages conducted by the Armed Forces of the Philippines results in gross human rights violations—killings, illegal arrests and detentions, torture, indiscriminate firing and bombing near civilian communities which causes evacuations, using of civilians as shield and guides in military operations, fake surrenders and many more—and economic disruption.

The GRP’s refusal to convene the Joint Monitoring Committee (JMC) to address complaints against government elements because of its spate of violations of the CARHRIHL clearly shows the government’s hypocrisy in addressing and solving HRVs in the Philippines which spreads a culture of impunity in the country.

We call on all the peace-loving people of Eastern Visayas to unite in the call for the resumption of peace talks between the GRP and NDFP and to pull out military troops in civilian communities to stop the systematic violation of the rights of civilians and prosecute responsible military elements for HRVs and to advance the struggle for a class-based human rights. ###