International lawyers group condemn US basing in the Philippines: Regional peace and stability demanded

Press Statement
18 April 2014
Brussels

Lawyers from various countries such as the United States, South Korea, Japan, Greece and Spain, condemned today attempts by the US to formally establish military bases in the Philippines and supported the call of Filipino lawyers from the National Union of Peoples' Lawyers (NUPL) for actions against the Agreement on Enhanced Defense Cooperation [AEDC] between the US and the Philippines. These expressions of support were given during the 18th Assembly of the International Association of Democratic Lawyers (IADL) in Brussels, Belgium.

“Many delegates believe that this new basing agreement and the US pivot in Asia will threaten the peace and stability of the region” said Atty. Edre U. Olalia, Secretary General of the NUPL. “The expanded US military presence in the country is also a threat to the peace process in the Philippines considering the antagonism of the US to any form of peace process between the government and the National Democratic Front.”

"Support from many lawyers groups worldwide is important in the battle against this attempt by the US for economic and political hegemony in Asia. We will continue to gather as many support from peace advocates and lawyers groups against the latest US initiative to escalate its presence in the Philippines. It is the US that provides material and moral support for the militarist approach to the conflict, making the calvary of the Filipino people even more tormenting," Olalia added.

NUPL president Neri Colmenares, also Bayan Muna representative, warned the Philippine government that it could be held accountable under international law should the US use its military facilities in the Philippines to commit aggression in other countries. “We learned during the Congress that the US is also expanding its bases in Japan. During the IADL discussions, it was made clear by many legal luminaries attending the Congress that the crime of aggression does not only attach to the US but also the country that allows the use of its territory to attack other countries. While we condemn China’s aggressive acts in the West Philippine Sea, we will not tolerate aggressive acts of the US which will subject the Filipino people to retaliatory attacks by the many enemies of the US,” said Rep. Colmenares. “We will get the support of international lawyers to file a case against the US and Pres. Aquino for crimes against humanity committed as a result of this new basing agreement.”

The NUPL delegation is also asking representatives from various countries to sign a petition calling for the release of political prisoners and for respect of human rights in the Philippines. # (nc)


REFERENCES:

Neri Javier Colmenares
NUPL President
+639178350459

Edre U. Olalia
NUPL Secretary General
+639175113373

Peasant Leader arrested by police for defending rights of poor farmers in the Philippines

NEWS RELEASE
April 16, 2014

Peasant leader, family arrested in Hacienda Looc
PH’s haciendero President mocks UN’s 2014 International Year of Family Farming – KMP

The militant peasant group Kilusang Magbubukid ng Pilipinas (KMP) and the Samahang Magbubukid sa Batangas (Sambat) today described as a mockery of the United Nations-declared International Year of Family Farming the Aquino government’s illegal arrest of a peasant leader and his family in Hacienda Looc, a more than 8,650 hectare productive agricultural land being grabbed by giant real estate developers in Nasugbu, Batangas.

At around 6:00 in the morning yesterday, about 100 combined forces of the Regional Mobile Group Philippine National Police (RMG-PNP) and 733rd Squadron of the Philippine Air Force (PAF) barged into the compound and forcefully entered the houses of Armando “Ka Mandy” Lemita, Natividad Lemita (mother of Armando) and barangay councilor Randy Flores (nephew) for alleged possession of high powered guns and ammunitions.

However, no guns were found in the houses of Armando and Flores, while allegedly a gun and some bullets were found in the house of Natividad but accounted it to Anatalio Lemita (brother of Armando) who was not even residing in the said house.

Despite negative search, Armando was handcuffed together with his wife, Rosenda, and daughter Alyssa. Anatalio was also arrested.

Armando is the spokesperson of the Ugnayan ng Mamamayan Laban sa Pangwawasak ng Kalupaan ng Hacienda Looc (UMALPAS-KA Hacienda Looc) and secretary general of the Haligi ng Batangenyong Anakdagat (HABAGAT).

“The arrest of Ka Mandy and his family is a mockery by the haciendero President to the International Year of Family Farming. This brazen act of political repression is obviously linked to the Hacienda Looc farmers’ struggle for their rights to the land,” says KMP chairperson Rafael Mariano.

“Giant real estate developers backed by Aquino’s haciendero government are the primary beneficiaries of this latest attack against Hacienda Looc farmers,” Mariano said adding: “The Aquino government’s growing fascism is bound to escalate agrarian unrest in Hacienda Looc.”

The UN declared this year 2014 as the International Year of Family Farming supposedly to raise the profile of family farming and smallholder farming by focusing world attention on its significant role in eradicating hunger and poverty, providing food security and nutrition, improving livelihoods, managing natural resources, protecting the environment, and achieving sustainable development, in particular in rural areas.

Reports reaching the KMP national office also said that the police and militaries also assaulted Armando and his family; Armando collapsed after being kicked on his chest and was stepped on his stomach while lying on the ground.Armando has been suffering from bone problems prior to the arrest and such assault shall aggravate his condition.

For his part, Sambat chair Romy Cayao said that “this is not the first time that Lemita and his family experienced harassment from the hands of the military. Last year, an intelligence agent of the PAF tried to corner him while alone in his farm for interrogation; when his relatives confronted the said officer and tried to bring him to the barangay council for investigation, members of 730th Combat Group - PAF rushed in to the barrio to fetch their officer and instead of explaining for their actions resorted to filing trumped-up charges against Armando and his brother Anatalio.

“The AFP and the PNP are desperate in trying to achieve the deadline objectives of the Oplan Bayanihan which aims to quell legitimate people’s resistance in the guise of counter-insurgency, it is continuing to resort to unlawful arrests of peasant leaders and harassment on communities with land dispute in order for the Aquino government to be able to push through with its anti-people policies and projects like eco-tourism being pushed by his allies like Henry Sy... However, as we believe that such projects won’t benefit the majority and shall only bring about dislocation and massive loss of livelihood, we continue to resist and fight for our right to land.... and not even the continuous arrests and harrassments on our ranks won’t stop that!” an enraged Cayao exclaimed.

The illegal arrests of Lemita’s family happened before the visit of President Aquino to Batangas anytime this April for the intended full maximization of the Batangas International Port; a flagship project of the current administration that shall bring about more massive demolitions and dislocation, not only in Batangas City but even on other municipalities with domestic port construction like Nasugbu.

“Aquino’s anti-people programs are bound to fail. In his Regional Development Plan, the demolition of coastal areas and conversion of agricultural lands to eco-tourism such as what is intended to be done to Hacienda Looc; as well as the intended full maximization of the Batangas International Port for the interests of rich investors and businessmen will always be met with protest and resistance... The arrests and harassment on leaders of legitimate people’s organizations only proves its desperation to cater to the interest of the few by using its militaries and police to trample on people’s rights... we shall stand united against all these threats on our basic rights,” added Cayao.

At present, Armando and his family are detained at the Batangas Police Provincial Office (BPPO). A protest vigil was held since yesterday by their friends and members of various sectoral organizations that support their struggle and call for the immediate release of Armando and his family. #





KMP National Secretariat
217-B Alley 1 Road 7, Project 6, Quezon City
Philippines
Telephone: +63(2)456-5727
Email: kmp@kilusangmagbubukid.org
Web: www.kilusangmagbubukid.org

DEFYING THE POWER OF DEATH

DEFYING THE POWER OF DEATH

Reflections on Good Friday

by Frank J. Hernando

18 April 2014

Seoul, Korea

Scripture Text: John 18:1 - 19:42

1. Two days ago a passenger-cruise ship in route from Incheon Port to Jeju Island capsized in the sea near Jindo, South Jeolla Province where 273 passengers remained missing and 25 died in the accident. We express our deep sorrow and sympathy to the bereaved families and healing for those who sustained injuries and traumatized of the accident. Our prayers that God’s love and grace comfort and sustain the grieving families. 

2. There is an observable shift in people’s focus during commemoration of the Holy Week especially in the Philippines and more so among Protestant and Catholic Christians in South Korea. While it is theologically founded that the peak of the Holy Week events is Easter Day, the passion, crucifixion and death of Jesus that took place prior to resurrection should not be sidelined. On Maundy Thursday and Good Friday, South Koreans are still on their daily grind at work because these are not holidays unlike in the Philippines where these are observed as holidays. Religious services in churches get attention today to reflect on the sufferings of Jesus Christ, who is believed by Christians as the Son of God, who died as a martyr and scapegoat sacrifice for the sins or disobedience of humanity against the holy will of God. 

3. The arrest and prosecution of Jesus before the Jewish religious leaders, Annas and then to Caiaphas and then to Pilate, the Roman official who although adamant to pass judgement on Jesus, eventually with pressure from the Jewish leaders and the mob made a verdict to have Jesus crucified for he was found guilty of plotting to overthrow the Jewish and Roman political leaders. The Johannine narrative of the arrest, trial and crucifixion of Jesus are full of emotion, perhaps blood pressures were rising in Annas, Caiaphas and Pilate, resisting to get a heart stroke, but persistent and wilful to put to death someone who threatened their political power and religious clout among the people. 

4. The disciples like Judas who betrayed his teacher and leader must have nourished his frustration and the looming manic depression, while Peter struggling with his dissociative tactics and his inability to put his love and empathy of Jesus in the right footing. The other disciples were grappling with fear and intimidation from the police and being implicated in the Jesus’ movement to overthrow the government and the Jewish religious institution. The women disciples and family members were angry and anticipating the worst thing that can happen after the verdict was made and mourn for the passing away of the adorable man who came into their lives and shared with them the vision and hopes of new life and the dawning of the kingdom of God. Most of all the powers of death was overwhelming that put everyone in panic and disorientation. 

5. Jesus faced the brute face and force of the power of death with defiance and assertiveness. He answered the questions from Annas, Caiaphas with confidence and consistency referring to his teachings as true and verifiable and hide nothing from public. Perhaps the verbatim account of the trial was compressed by editors and we could not exactly get the details of the trials, but it is possible that the exchange of questions and answers between them have revealed that Jesus showed evidences that the Roman Empire and the Jewish religious institution failed in providing a better life for the people and only those at the helm of power have benefitted from the labors of shepherds, vineyard workers, and other agricultural workers or producers. In front of Annas Jesus responded about his teachings saying,  ‘I have spoken openly to the world; I have always taught in synagogues and in the temple, where all the Jews come together. I have said nothing in secret. Further in the interrogation he said,,  ‘If I have spoken wrongly, testify to the wrong. But if I have spoken rightly, why do you strike me? 

6. For sure the Jews did not have the authority to pass judgement on someone on the Passover Feast, for indeed the very spirit of the occasion has been freedom from slavery and freedom to life. But the Jewish leaders were part of the coercive and destructive power that oppressed ordinary people that Jesus condemned and worked out to change. Herein, Jesus defied the powers of death and oppression, echoing the same Mosaic demand from release from bondage of institutional and imperial control and set the people free. 

7.  Defying the power of death and oppression has been here in our contemporary world, we have witnessed and participated in mass movements to free people from oppressive policies and many have suffered the consequences of violent and coercive use of police power by the state and the persecution of the religious leaders who have been blinded or corrupted by their power. Jesus was a victim of imperial and institutional violence but he was able to take them because of the higher values of martyrdom and allowing God to take over the reign of darkness and corruption in the world. Let me share what S. Mark Heim  explained about redemptive value of violence in the life of Jesus in his article Saved from Sacrifice: A Theology of the Cross, he said: 

There is a theory about the redemptive value of violence, the saving power of Jesus’ death, already present in the Gospel story. It is believed and propagated by the persecutors. Atonement is precisely the good they have in mind. According to the Gospel writers, it is this drive for sacrificial atonement that kills Jesus. Here is a caution for Christian theology. We must beware that in our reception and interpretation of the Gospel we do not end up entering the passion story on the side of Jesus’ murderers. And the cross cannot be understood without the vindication of the resurrection. Two paragraphs are especially pertinent: If the death of Jesus were a successful sacrifice in the normal mode, it would have succeeded in doing what such sacrifice does: uniting the community, creating calm and (at least for a time) dispelling conflict. 

As the New Testament makes evident, in these terms the cross is a failed sacrifice, despite the near unanimity with which Jesus is executed. Rather than the entire community assenting to the violence and seamlessly closing ranks over the grave of the scapegoat, on whose behalf no one speaks, the crucified one himself appears, vindicated by divine power. A new counter community gathers around the risen Christ, taking the victim’s part, identifying with him, maintaining his innocence. Society is divided, not united by this death. Yet it is not divided by retribution on the part of the victim’s “kin,” by the desire to avenge a martyr, that would ordinarily signal a failed sacrifice. Instead, this new community explicitly rejects both the sacrificial violence that killed Christ and the contagion of revenge that the sacrificial system existed to contain.

8. The crucifixion of Jesus is the rejection of the sacrificial system that the modern day empires and states have propagated wherein ordinary workers, farmers, and the middle class have to endure long hours of work and get meager wages on which they hardly survive. The church and all its institutions and communities must change their orientation from emphasizing sacrifices on believers must rather return to Jesus Christ’s final sacrifice and never allow the powers-that-be to make people as sacrifices to their god of destruction and oppression. The glorification of Jesus Christ on the cross is very reason for Christians to defy the powers of death and oppression on which imperial powers and their cohort states thrive with. Amen.

------------------------- 

AN EVENING TO REMEMBER

AN EVENING TO REMEMBER
Reflections on Maundy Thursday
By Frank J. Hernando
17 April 2014
Seoul, Korea

Tonight many Christians around the world will commemorate the evening to remember in the life of Jesus Christ through the reenactment of the Lord's last Supper. Many ministers and common people on the pews having conscious efforts to recollect with full attention to details and almost perfect execution of the eucharist by ministers will make all eyes and ears fixed on the sacred sanctuaries during the breaking of the bread and the pouring of wine or juice.


The occasion of remembering the passion of Jesus caused by the unfolding of the tragic end of his life and ministry would find many pious believers into heartbreaking repentance to receive absolution of their sins or failures to live out a godly life that imitates the life of love Jesus exemplified.


But what is always lacking is the conscious effort to put draw out the meaning of this gospel story from its personalistic overtones to the broader social perspective, that elevates if not translates the truth about God’s passion, death and resurrection into ethical imperatives in the communal, national and global sphere of experience.


On the evening of the great Jewish celebration of the Passover, commemorating God’s saving action in the exodus experience of the Hebrew people from Egyptian captivity, Jesus gathered his disciples to the occasion, while upholding the feast, he transformed it into a new experience and put new meaning into it. Here is the Johannine version of the first Maundy Thursday which I put into sequence with corresponding questions and reflections:

1. Jesus has foreknowledge of his eventual departure from the company of his disciples and of all those who loved him. Having loved his own who were in the world, he loved them to the end. Who are those people Jesus considered or classified as “his own”? Those that Jesus call his own are those whose lives are illumined by the light of God and have refused to be co-opted by the powers of destruction and death. They are those who are willing to build new ways of organizing communities around the values of kingdom of God such as compassion, justice and peace. They are those who have decided or if not willing to renounce the sacrificial system that makes ordinary people the sacrifice for the greed of the powerful and resolved to never again make human life as sacrifices for state or religious group’s greedy goals.

2. God’s action or Judas’? The devil has already put into the heart of Judas to betray Jesus. Jesus has an inkling into Judas secret negotiations with the Jews and the Roman officials of turning him over to their hands as an arrest for one who has violated the laws of the Jewish nation and for plotting a coup d’ e

tat. Exegetes would assume that the devil is an external force but here we can understand that the devil is intrinsic as in discontent of Judas of what Jesus intend to do, a growing frustration that the teacher will end up his ministry in a sublime movement and fail to transform the social realities in which the disciples and the followers live.

3. Ritual of foot washing was misunderstood by Peter. Water symbolizes cleansing, the removal of dirt from the body which Peter thought he will be cleansed and more acceptable to God when his head, hands and feet are washed. Jesus insisted he would not do Peter’s wish, for those who have bathed need not wash his feet. Jesus is saying that the Jewish authorities have assumed the position of being on the side of the “cleansed” people, rather than hoping to be cleansed by the love and compassion of God.

4. The disciples should wash each other’s feet--symbolic of acceptance of each other, of mutuality and love for each other, emulating Jesus’ way of caring for others. Mutuality in the community of faith is essential for compassion and love to grow. Many churches and communities and society itself have thrive and benefited in the hierarchical and patriarchal structures they stand and work for. Jesus taught the reverse structure by illustrating to them the way the kingdom of God must be lived-out.

5. The betrayer revealed in a manner obscured from the disciples, the dipping of bread in the cup. Judas knew what Jesus’ action meant, so he left the house and got lost in the night, a voluntary departure and exclusion from the fold of disciples. It seemed that the other disciples were unaware of the psychological undercurrent between Jesus and Judas, because they thought Jesus told Judas to purchase materials for their celebration of the Passover. But Judas and Jesus knew that this is the moment when the betrayal will happen because at the temple of Jerusalem the charges against Jesus was brewing up and Judas was already identified as one of the collaborators to get Jesus into their scheme of accusations and religious bigotry.

6. At the moment of Judas’ departure and voluntary exclusion, Jesus declared that he has been glorified and God has glorified him--meaning that Judas betrayal and the succeeding events that would follow-his arrest, trial, conviction of blasphemy, rebellion, etc, crucifixion and death were parts of the whole process of glorification. God’s design for the world is really amazing, albeit confusing in the sense that allowing God’s son to be the last and final human sacrifice to atone the corrupt, violent, unjust human predicament was not humane and just after all.

The gruesome experience of the slaughtered human sacrifice would break us but this is the glorification of God’s son, for Jesus believes that once this final sacrifice is done, the world will come to realize that God’s justice and love cannot be captured in time and space, no, not in the Garden of Gethsemane, neither on the cross of Golgotha nor in the dark tomb of death. This is powerful beyond one’s imagination that God’s love is victorious over the state or the temple’s greed and violence. Let us join Jesus in his agonizing moments so we may share his glory in defeating the powers that be. Amen.

Protest at the 19 extrajudicial killings perpetrated in the Philippines since January 1, 2014- Philippines Australia Union Link

March 29, 2014,



H. E. Benigno C Aquino III
President of the Republic of the Philippines
Malacanang Palace
San Miguel, Manila
Philippines
Email: op@president.gov.ph



Protest at the 19 extrajudicial killings perpetrated in the Philippines since January 1, 2014

Dear Excellency,

Our organisation has been working with the trade union movement in the Philippines since 1984. We find that your presidency is becoming just as deadly for trade union leaders, peasant leaders, political activists and all kinds of human rights advocates as was the notorious presidency of your predecessors, the dictator Marcos and President Gloria Macapagal Arroyo.

Here is the deadly tally of 19 people so far this year:

January 03, 2014 - MONTERONA, Marcelo, 41, Farmer, Indug Kautawan, Maco, Compostela Valley
January 12, 2014 - TOLENTINO, Antonio, 62, Farmer, Aniban, Hacienda Dolores, Porac, Pampanga
January 30, 2014 - ORBINA, Henry, Worker, Cabadian, Sorsogon
January 31, 2014 - AMBONGAN, Datu Rolando, 39, Higaonon tribe, Katribu Partylist member, Buenavista, Agusan del Norte

February 05, 2014 - LAURON, Julieto, 41, Farmer, Kasama - Bukidnon, Valencia, Bukidnon
February 06, 2014 - RAYTERAN, Rosaldo, Driver, Albay People's Org, Libon, Albay
February 06, 2014 - RAYTERAN, Rasty, 18, Youth, Libon, Albay
February 18, 2014 - ARCHIVAL, Noel, 53, Lawyer, Dalaguette, Cebu
February 18, 2014 - MIÑOZA, Candido, 47, Archival's aide, Dalaguette, Cebu
February 18, 2014 - JAYME, Alejandro, 45, Archival's driver, Dalaguette, Cebu

March 03, 2014 - LIGIW, Fermin, 29, Binongan-Tinguian tribe, Anakbayan/Kastan (CPA provincial chapter), Baay-Licuan, Abra
March 03, 2014 - LIGIW, Eddie, 45, Binongan-Tinguian tribe, Kastan, Baay-Licuan, Abra
March 03, 2014 - LIGIW, Licuben, 77, Binongan-Tinguian tribe, Kastan, Baay-Licuan, Abra
March 15, 2014 - CAPALLA, Romeo, 65, entrepreneur, PFTC, SELDA, Oton, Iloilo
March 22, 2014 - LUBIANO, Julio, 31, Small-scale miner, Caramoan, Camarines Sur
March 22, 2014 - LUBIANO, Rene, 28, Small-scale miner, Caramoan, Camarines Sur
March 22, 2014 - VIRTUS, Salem, 24, Small-scale miner, Caramoan, Camarines Sur
March 22, 2014 - BRONDIA, Jesse, 35, Small-scale miner, Caramoan, Camarines Sur
March 25, 2014 - BUGATTI, William, 43, CHRA, CPA, BM provincial coordinator, Kiangan, Ifugao

Among all these fine Filipino people who have been murdered for their political activity, we especially note the workers Henry Orbina, Rosaldo and Rasty Reyteran, and selfless people’s advocates Romeo Capalla, Noel Archival, and William Bugatti.

We condemn these political murders and urgently call on your government to act now for justice for these victims of extra-judicial killing.

The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into these incidents of human rights violations, and to arrest and prosecute the perpetrators.
The withdrawal of Oplan Bayanihan, the Philippine government’s counterinsurgency program that victimizes innocent and unarmed civilians.
3. The Philippine Government to observe the Universal Declaration of Human Rights and all the major Human Rights instruments that it is a party and signatory to.

Yours sincerely,



Peter Murphy
Secretary

Cc: Sec. Leila De Lima
Secretary, Department of Justice
Padre Faura St., Manila
doj.delima2@gmail.com

Hon. Loretta Ann P. Rosales
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Fax: (+632) 929 0102
Email: chair.rosales.chr@gmail.com lorettann@gmail.com

Hon Julie Bishop MHR
Minister for Foreign Affairs
Parliament House
Canberra ACT 2600
foreignminister2013@dfat.gov.au

Legal Aspects of arbitrary arrest of peace negotiator of the National Democratic Front-Philippines (NDF-P) by the police

Why the arrest of the Tiamzons et al is illegal and unjustified
By the legal defense team of the PILC and NUPL
26 March 2014


1. The Tiamzon spouses are covered by the Joint Agreement on Safety and Immunity Guarantees (JASIG) arising from the peace negotiations and thus must not be arrested by the Government of the Philippines (GPH).


2. Benito and Wilma Austria Tiamzon are holders of documents of identification (more popularly known as “safe conduct passes”) numbers ND978227 and ND978226, respectively, as consultants of the National Democratic Front of the Philippines (NDFP). Both have also been issued Letters of Acknowledgement by two Chairmen of the GPH Negotiating Panel, Howard Dee in 1996 and Silvestre H. Bello III in 2001.


3. Wilma Austria Tiamzon is publicly known by her real name to be involved in the GPH-NDFP peace negotiations since the 1990s, and must be afforded recognition and protection as such. The use of assumed names by accredited or protected persons, such as “Crising Banaag” by Benito Tiamzon, is justified by:
3.1. Accepted practice in peace negotiations with underground organizations, and as agreed upon by the Parties.
3.2. Additional implementing rules pertinent to the JASIG signed by both Parties explicitly allowing such use.
3.3. Historical lessons during the 1986 peace negotiations when a number of participants from the NDFP were exposed, arrested, and even killed.
3.4. Security and privacy considerations, to encourage those who want to participate in the negotiations, and as assurance against present or future reprisals.


4. The status of the Tiamzon spouses as consultants of the NDFP is not questionable. There is no need for further or additional verification/validation of their identities.
4.1. They are in possession of and presented documents of identification and letters of acknowledgement. Further verification is only obligatory when there are no other means of establishing identity. (JASIG Implementing Rules)
4.2. Out of 427 political prisoners in the Philippines, only 14 are being claimed by the NDFP as consultants.


5. Arresting the Tiamzon spouses constitutes bad faith on the part of the GPH in complying with its obligations under binding bilateral agreements.
5.1. JASIG was crafted precisely to facilitate the peace negotiations, to create a favorable atmosphere conducive to free discussion and free movement during the peace negotiation, and avert incidents that may jeopardize the peace negotiations. It actually benefits the panelists, consultants, staff and security of both Parties to safety and immunity guarantees.
5.2. Under the principle in international law of “pacta sunt servanda” (Latin for promises must be kept), agreements are binding between the Parties and must be kept and performed in good faith.
5.3. A Party like the GPH cannot use its domestic law as a justification or excuse for the non-performance/compliance with its obligations under a binding international agreement like JASIG.


6. Protection of the Tiamzon spouses under the JASIG subsists.
6.1. JASIG can only be terminated by written notice of either Party to the other and will only be effective 30 days upon receipt (JASIG Part III. No. 5). No written notice has been sent or received by the NDFP for the termination of the negotiations by GPH under the Aquino administration.
6.2. There is no provision in the JASIG allowing for suspension or "inoperatibility" of its protections as this will render nugatory its objectives and practical value.
6.3. The whole peace process or negotiations are huge and elaborate and do not only involve scheduled formal talks across the negotiating table. It equally involves continuing phases such as consultation, research, study, education, information, advocacy, backchanneling, exploratory meetings, informal talks, and formal talks. Absence, suspensions or impasses in formal peace talks do not mean the whole peace negotiations/process are automatically absent, suspended or terminated.


7. The Tiamzon spouses are engaged in activities directly related to their role as consultants in the peace negotiations.
7.1. The Tiamzons were conducting intensive consultations with peasants and basic sectors in the Visayas at the time of their arrest particularly with respect to socio-economic issues and the effects of supertyphoon Yolanda.
7.2. Even the GPH alleges them as leaders of the Communist Party of the Philippines – New Peoples’ Army. It stands to reason and common sense that they should be monitoring implementation of agreements on the field, be consulted by and conduct consultations with members of the NDFP and pertinent individuals and groups, in such a significant work as the peace negotiations.


8. Four days after their arrest have passed yet still no valid warrants have been presented against the seven detained.
8.1. The detained and their counsels have not received, nor have been furnished previous valid warrants against any of them. Even present attempts to procure these are being blocked by the military. It is not implausible that shotgun warrants would eventually surface as the Tiamzon spouses are mechanically made default respondents or “usual suspects” in incidents allegedly involving the New People's Army.


9. The belated inquest proceedings for the trumped-up charges of illegal possession of firearms and explosives are highly irregular and cannot be given legal credence or effect.
9.1. It was conducted 44 hours after the arrest, way beyond the GPH maximum period of 36 hours of legal detention without charges being filed; thus the detention is arbitrary and illegal.
9.2. It was conducted not at the place of the alleged crimes in Cebu, but some 355 miles away, in Quezon City.
9.3. Evidence has been planted. It is incumbent now upon the GPH prove the integrity and admissibility in court of the firearms and explosives allegedly taken from the detainees. The presumption of innocence subsists and the burden of proof and evidence does not shift to them.
9.4. New, false, and fabricated charges were filed as an afterthought to cover previous fatal infirmities in supposed warrants almost two days after the incident.
9.5. Police CIDG officers did not inform counsels for detained about the inquest despite presenting themselves the day before. Counsels were surprised with and only informed about the inquest for the new and fabricated charges only three hours prior by members of media.


10. The practice of charging common criminal offenses, instead of political crimes, against consultants of the NDFP (and other political prisoners) cannot legalize the arrest and detention of the Tiamzons.
10.1. Filing criminal charges , false, anomalous and fabricated at that, are precisely calculated to undermine and remove the very protection of the JASIG; conversely, the JASIG was intended to shield participants of the peace process from harassment and other acts that hinder their work, like the filing of such charges.
10.2. These new false charges are designed to ensure the detention of the Tiamzons when other possible old charges against them wither in the face of intense scrutiny.
10.3. These trumped up charges violate the political offense doctrine, which mandates that all crimes in furtherance of political beliefs must be subsumed under one political crime of rebellion. Any person investigated, charged, arrested, prosecuted or convicted in violation of this judicial doctrine must be released as mandated by the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), which the GPH co-signed with the NDFP way back 1998.#



References:


Atty. Rachel F. Pastores
Managing Counsel, Public Interest Law Center (PILC)
+639279219539

Atty. Edre U. Olalia
Secretary General, National Union of Peoples’ Lawyers (NUPL)
+639175113373

--

National Secretariat
National Union of Peoples' Lawyers (NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Telefax no.920-6660
Email addresses: nupl2007@gmail.com and nuplphilippines@yahoo.com
Follow us on twitter @nuplphilippines and facebook @https://www.facebook.com/nuplphilippines
Visit the NUPL website at http://www.nupl.net/

Is the Philippine government of President Benigno Simeon Aquino III sincere in pursuing peace?

Is Aquino really sincere in pursuing peace in the Philippines?



The illegal arrest and detention of peace consultants is a step backward in the peace process.

This is the statement of the Asia Pacific Committee for Human Rights and Peace in the Philippines (APCHRPP) as it condemns the illegal arrest by the Philippine government’s security forces of Benito Tiamzon and Wilma Austria in Cebu, Philippines last March 22, 2014.

Both Benito Tiamzon and Wilma Austria are consultants of the National Democratic Front of the Philippines (NDFP) and are helping very actively in the peace negotiations between the Government of the Republic of the Philippines (GRP/GPH) and the NDFP.

The GRP/GPH is imperiling the peace negotiations as well as violating agreements that it has signed with the NDFP with the arrest of Tiamzon and Austria. The specific agreement that the GRP/GPH violated is the JASIG, or the Joint Agreement on Safety and Immunity Guarantees.

Both Tiamzon and Austria are holders of Document of Identification as well as a Letter of Acknowledgment signed by then GRP/GPH Negotiating Panel Chairman Silvestre H. Bello III. The said Letter of Acknowledgment states that the holder of the said Letter is entitled to safety and immunity guarantees as provided in the JASIG, which was signed by members of the negotiating panels of both the GRP/GPH and the NDFP on February 24, 1995.

Composed of various organizations and networks in many countries based in the Asia Pacific region, the APCHRPP is concerned that the Philippine government is only further prejudicing the peace negotiations by arresting and detaining peace consultants like Tiamzon and Austria.

The group also questions the inquest of Tiamzon and Austria in Camp Crame, a military camp in Manila, where they were also charged with additional cases like illegal possession of firearms and explosives. According to the lawyer of the two arrested peace consultants, Atty. Rachel Pastores, the validity of the inquest proceedings itself is in question while the new charges did not register in earlier reports of the arrest. Such proceedings being led by the government are highly contentious and unacceptable.

The arrest of Tiamzon and Austria comes on top of many human rights violations being committed in the Philippines. According to Philippine human rights group Karapatan, since Philippine president Benigno Aquino III took office, 169 cases of extrajudicial killings have been documented, in addition to 179 cases of frustrated extrajudicial killings, 19 cases of enforced disappearances, 86 cases of torture and 570 cases of illegal arrest and detention.

How will just and lasting peace be achieved when those in authority are the ones violating the very agreements that they signed with the NDFP? Why would they arrest those who are important to the peace negotiations? With this new development, it is hard not to cast doubts on the sincerity of the Philippine government to pursue peace when their actions clearly run counter to their statements.

If President Aquino and the Philippine government really want just and lasting peace, then it should heed the urgent demand to release immediately and unconditionally Benito Tiamzon and Wilma Austria.



For reference: Rev. Joram H. Calimutan,
Secretariat