Death threats against Mr. Benito E. Molino

Philippines

October 29, 2014

The Observatory for the Protection of HumanRights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the InternationalFederation for Human Rights (FIDH), requests your urgentintervention inthe following situation in The Philippines.

Descriptionof the situation

TheObservatory has been informed by reliable sources, including the Task ForceDetainees of the Philippines (TFDP), of the deaththreats against Mr. Benito E. Molino,a human rights defender who campaigned for an end to mining operations inZambales Province due to concerns over environmental degradation and thenegative impact on the community members’ health and livelihood. Mr. Molino has lately been at thereceiving end of criticism from supporters of mining companies in the province.Some mine workers blamed him for the suspension of mining activities that costthem their jobs.

According tothe information received, on October 28, 2014, Mr. Molinoreceived a death threat via a private message to his Facebook account, whichwas posted by a certain Dexter Movilla, also known as Mark Minimo, on October15, 2014 at 10:35 a.m. The message which was in Tagalog dialect read asfollows: "You’re a meddler. Peoplelose their jobs because of you. Keep in mind that one bullet can kill you.Beware, one day you’re dead."

Anothermessage was sent on October 12, 2014 at 8:08 p.m. It was also in Tagalog and itsaid: "People lose their jobsbecause you coerced the mining company to stop. Do you know, because of whatyou did, many are angry with you, you will not have peace because of what youdid, you stopped all mining operations."

TheObservatory strongly condemns these acts of harassment against Mr. Molino, andcalls upon the competent authorities to carry out a prompt,effective, thorough, independent, and impartial investigation into the deaththreats against Mr. Molinois harassment case, and ensure that adequate,effective and prompt action protection is given to Mr. Molino.

Background information:

Mr. Molinoand his group, the Concerned Citizens of Sta. Cruz, Zambales (CCOS), has beenactively campaigning for an end to mining operations in Zambales Province to concerns over environmental degradation andthe negative impact on the community members’ health and livelihoodthe vastamount of destruction in the environment that would eventually affect thehealth and livelihood of the people. According to Mr. Molino, nickel laterite (soil layer rich in nickelcompound) has clogged the natural flow of water from rivers, creeks, fishponds,shorelines, and farmlands. Apparently, more than 300 hectares of farmlands havealready been destroyed which has caused farmers of Sta. Cruz and Candelaria great income losses.

On July 15, 2014, the Mines and Geosciences Bureau (MGB)regional office in Central Luzon suspended the operations of four miningcompanies that extract nickel laterite in Zambales Province, citing their “unsystematicmining or stripping method.” And from what I understand, the suspension orderis only an initial victory for Sta. Cruz residents since they have beenstruggling to revive their sources of livelihood, which are mostly farming andfishing.

In additionto his activities in the anti-mining movement, Mr. Molino is currently workingwith the Medical Action Group (MAG), in partnership with the Task ForceDetainees of the Philippines (TFDP) for the protection of human rightsdefenders in the country. Mr. Molino is an expert in medical investigation anddocumentation of torture cases. and is also involved in the investigation anddocumentation of alleged cases of enforced disappearances, particularly inexhumations.

Actions requested:

Please write to thePhilippines' authorities urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr.Benito E. Molino, as well as all human rights defenders in ThePhilippines;

ii. Put an end to all acts of harassment, including at thejudicial level, against Mr. Benito E. Molino, as well as against all human rights defenders in the Philippines, and ensure in all circumstances that they are able to carry out theirwork without hindrances;

iii. Comply with all the provisions of the Declaration onHuman Rights Defenders, adopted on December 9, 1998 by the United NationsGeneral Assembly, in particular:

- itsArticle 1, which states that “everyone has the right, individually or inassociation with others, to promote the protection and realization of humanrights and fundamental freedoms at the national and international levels”,

- itsArticle 6.a, which states that "everyone has the right individually and inassociation with others to know, seek, obtain, receive and hold informationabout all human rights and fundamental freedoms, including having access toinformation as to how those rights and freedoms are given effect in domesticlegislative, judicial or administrative systems",

- Article12.1, which foresees that “everyone has the right, individually and inassociation with others, to participate in peaceful activities againstviolations of human rights and fundamental freedoms”,

- and itsArticle 12.2 which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration.”

iv. Guarantee the respect of human rights andfundamental freedoms in accordance with the Universal Declaration on HumanRights and other international human rights instruments ratified by the Philippines.

Addresses:

· H.E. Benigno S. Aquino III, President of the Republicof the Philippines, New Executive Building, Malacañang Palace, JP Laurel St., SanMiguel, Manila 1005, Philippines. Fax: +63 2 736 1010, Tel: +632 735 6201 / 564 1451 to 80; Email: corres@op.gov.ph / opnet@ops.gov.ph;

· Secretary Ramon J.P. Paje, Department of Environment and NaturalResources (DENR), Visayas Avenue,Diliman, 1100 Quezon City, Philippines,Fax: +63 2 920 4301 , Tel: +63 2 920 4352; +63 2 926 2688; +632 9262535; +63 2 925 8275, Email: osec@denr.gov.ph

· Hon.Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAAC Bldg., UPComplex, Commonwealth Avenue, Diliman, Quezon City, Philippines. Fax: +632 929 0102. Email: chair.rosales.chr@gmail.com / mtm_rodulfo@yahoo.com;

· Hon. Vicente"Tito" Castelo Sotto III, Senate President, Office of the Senate, Office of the SenateSecretary, Hon. Emma L. Reyes, 6th flr. Senate of the Philippines, Roxas Blvd., PasayCity, Tel: +63 2 552-6601 loc. 6129/23 & 24 / +63 2 552-6676, Email: osec@senate.gov.ph;

· Hon. Leila de Lima, Secretary,Department of Justice (DOJ), DOJ Bldg., Padre Faura, Ermita, Manila 1000, Fax:+632 523 9548, Email: lmdelima@doj.gov.ph / lmdelima.doj@gmail.com

· Hon. JoseMidas Marquez, Court Administrator, Supreme Court of the Philippines, 3rd Flr., NewSupreme Court Bldg., Annex, Padre Faura St., Ermita 1000, Manila, Tel: +63 2522 590 to 94, Fax: +63 2 526 8129, Email: pio@supremecourt.gov.ph / sc.judiciary@gov.ph;

· PoliceDirector General Alan LA Madrid Purisima, Chief, Philippine National Police, Camp GeneralRafael Crame, Quezon City, Philippines, Fax: +63 2 724 8763/ +63 2 723 0401,Tel: + 63 2 726 4361/4366/8763, Email: feedback@pnp.gov.ph;

· Hon.Emilio Gonzalez, Deputy Ombusdman, Office of the Deputy Ombudsman for theMilitary And other Law Enforcement Offices, 3rd Flr., Ombudsman Bldg., AghamRoad, Diliman, 1004 Quezon City, Fax: +63 2 926 8747, Tel: +63 2 926 9032;

· H.E.Mr. Evan P. Garcia, Ambassador,Permanent Mission of the Philippines to the United Nations in Geneva, 47 AvenueBlanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: geneva.pm@dfa.gov.ph;

· Embassy of the Philippinesin Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 /2 340 33 78, Fax: +32 2 345 64 25.

Pleasealso write to the diplomatic representations of the Philippines in yourrespective countries.