Assault against Father José Francisco Talaban and several community leaders

July 16, 2010

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (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 la Salvación, and the threats against community leaders Edwin García, Pedro Calivara, Alfonso Jan, Arnold Gamaro, Arnel Turzar, Marlon Angara, Jerry Fabro and Rachel Pastores in Barangay[1] Bianoan, municipality of Casiguran, Aurora Province.

According to the information received, on June 26, 2010 at around 2:20 am, a group of unidentified armed individuals fired gun shots and threw grenades at the parish house while Father José Francisco Talaban was sleeping. Fr. Francisco, shocked by the explosion, immediately walked inside the bathroom to protect himself where he stayed for almost three hours. At around 5:00 am, trusting that the group would have left, he went outside to see the damages caused by the perpetrators. He reports countless bullet marks and shrapnel about two meters from his own bed. Fr. Francisco also discovered three empty shells from an M16 rifle and three empty shells from an M14 rifle outside the parish gate. Within the church compound, 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 leave and warning that his days were numbered. The pamphlet listed down the names of the community leaders the signatory group were also targeting: Messrs. Edwin Garcia, Pedro Calivara, 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 the church monitoring the incident. The local police went to the church hours later to conduct an investigation and Fr. Francisco requested the assistance of the Commission on Human Rights in the region for an investigation but they are yet to act on the matter. Fr. Francisco and the community leaders listed in the pamphlets are actively advocating and assisting sectors opposing the establishment of an economic zone in the Province[2], particularly the conversion and/or expansion of the Aurora Special Economic Zone Authority (ASEZA) into the Aurora Pacific Economic Zone (APECO)[3]. Fr. Francisco, with the support of the Catholic Church had raised the local communities’ decision to oppose this conversion and/or expansion to advocacy groups in Manila. According to them, the project will displaced indigenous people, farmers, fishermen and their families, particularly those within the municipality of Casiguran. They have also stressed that the local population have not been consulted.

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

Actions requested:

Please write to the Philippines authorities urging them to:

1. 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 Pastores and in general of all human right defenders in the Philippines;
2. Order a thorough, impartial and transparent investigation into the above mentioned facts in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
3. Put an end to all acts of harassment against all human rights defenders in the Philippines, and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;
4. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”, and its article 12.2 which provides that “the State shall take all necessary measures 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 other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Philippines.

Addresses:

• His Excellency Benigno Simeon C. Aquino III, President, Malacanang Palace, JP Laurel 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, 1004 Manila, 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: +632 929 0102
• Lieutenant General Ricardo A. David Jr., Chief of Staff, Armed Forces of the Philippines (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) Camp General Rafael Crame, Quezon City, Philippines, Fax: +632 724 8763, Email: bluetree73@gmail.com
• Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int
• Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25.

Please also write to the diplomatic representations of Philippines in your respective countries.

Geneva-Paris, July 16, 2010

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

• Email: Appeals@fidh-omct.org
• Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29
• Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80

[1] Barangay is the smallest administrative unit in the Philippines.

[2]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 the country by giving them perks such as exemption from certain taxes. Land could be expropriated to contractors of the project thereby displacing farmers, fishermen and indigenous people in the region.

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