Indigenous, peasant activists in Northern Mindanao charged with trumped up anti-terror case

Indigenous, peasant activists in Northern Mindanao charged with

trumped up anti-terror case

Dear friends,

The Duterte government stepped up its attacks against activists and dissenters. In Mindanao, in two separate but related incidents, leaders and members of a local farmers’ group and an indigenous organization were illegally arrested and spuriously charged with illegal possession of firearms and explosives, rebellion, and violations under the Human Security Act (HSA) or the Anti-Terror Law.

The Human Security Act, or RA 9372, is the Philippines’s answer to the anti-terror backlash over the September 11, 2001 attack at the World Trade Center in New York. This law was passed in 2007 amid criticisms on its possible dire impacts on the civil and political rights of Filipino citizens and its use against those critical of the government. One of the major views levelled against the anti-terror law was its weak and vague definition of “terrorism,” which may encompass legitimate redress of grievances like union strikes, public rallies and the like. Also, a suspected “terrorist” may be arrested without a warrant, and detained indefinitely without charges. His assets may be frozen and, when convicted, may be incarcerated for 40 years without parole.

Indigenous, peasant activists in Northern Mindanao charged with

trumped up anti-terror case

Dear friends,

The Duterte government stepped up its attacks against activists and dissenters. In Mindanao, in two separate but related incidents, leaders and members of a local farmers’ group and an indigenous organization were illegally arrested and spuriously charged with illegal possession of firearms and explosives, rebellion, and violations under the Human Security Act (HSA) or the Anti-Terror Law.

The Human Security Act, or RA 9372, is the Philippines’s answer to the anti-terror backlash over the September 11, 2001 attack at the World Trade Center in New York. This law was passed in 2007 amid criticisms on its possible dire impacts on the civil and political rights of Filipino citizens and its use against those critical of the government. One of the major views levelled against the anti-terror law was its weak and vague definition of “terrorism,” which may encompass legitimate redress of grievances like union strikes, public rallies and the like. Also, a suspected “terrorist” may be arrested without a warrant, and detained indefinitely without charges. His assets may be frozen and, when convicted, may be incarcerated for 40 years without parole.

Worse, the Duterte regime is fashioning even more rigid and draconian modifications to the HSA. Proposed amendments to the HSA contain very dangerous provisions including longer detention periods for suspected terrorists and legitimization of a wide array of surveillance operations. Unsatisfied, this government is also proposing to remove accountability mechanisms that may deter security officials from arbitrarily using the law. Certainly, given the human rights record of this government, its abusive state forces, and its propensity to subvert the law, the HSA and its amendments will be overturn many safeguards ratified to protect our rights and will further legitimize repression. Please see attachment for more information on the HSA and its proposed amendments.

In Mindanao, where martial law remains in place for almost two years now, the Duterte government has begun to widen its legal arsenal by using the HSA against legitimate dissenters. The government is perpetuating a human rights crisis situation in Mindanao, in an attempt to curtail the rights of human rights defenders. If unchallenged, the use of the HSA in the regime’s legal offensive will set a dangerous and perilous precedent, particularly in congruence with operations under the Inter-Agency Committee on Legal Action (IACLA). We thus enjoin all organizations and individuals to expose this blatant attempt at subjugating our rights and legalizing outright violations to the people’s rights. This cannot be the new norm. Join us in calling for the immediate dismissal of the trumped-up terrorism charges against local and community leaders, and in opposing the HSA and its proposed amendments.

Account of the Incidents

On January 28, 2019, Datu Jomorito Goaynon, from the Lumad tribe Higaonon and leader of Lumad (Indigenous Peoples) organization Kalumbay, and Ireneo Udarbe, a peasant organizer, were on their way to Talakag town in Bukidnon to meet Reynaldo Itong, a staff of the Kilusang Magbubukid ng Pilipinas – Northern Mindanao Region, a local chapter of the national farmers organization. However, by noon, Itong became worried when Goaynon and Udarbe did not respond to any of his phone calls.

The staff of KMP and Kalumbay began calling relatives and friends of the two, but none of them knew their whereabouts. They eventually released a public advisory that the two activist leaders were missing.

Early in the morning of the following day, January 29, a concerned citizen relayed information that he/she had seen the police arrest two people at a checkpoint. Karapatan eventually received a confirmation that Goaynon and Udarbe were with the Philippine National Police Criminal Investigation and Detection Group Regional Field Unit 10 in Camp Evangelista, Brgy. Patag, Cagayan de Oro City.

According to Goaynon and Udarbe, they were on a jeepney when men in civilian clothes stopped the vehicle as they passed the intersection going to Camp Evangelista, a Philippine Army camp in Brgy. Patag, Cagayan de Oro City. They were dragged outside the jeep without being presented with any warrant by the unknown men, and their bags deliberately taken by one of them. They were brought to the office of the Philippine National Police Criminal Investigation and Detention Group (CIDG) in Camp Evangelista. After a few minutes, they were brought back to the intersection where they were arrested. They saw that their bags were already in a Toyota Innova vehicle. They were inspected in the presence of barangay officials and here, the CIDG alleged that they “found” grenades, guns, and ammunition. The CIDG then took photos of these so-called evidence.

Goaynon asked the authorities if he can call his relatives to inform them that they were arrested, but his plea was disregarded. The CIDG 10 then released a statement that the two were arrested and that they had a warrant of arrest for the two. However, the warrant they were referring to did not include Goaynon. It was also for a case wherein Udarbe had already posted bail on January 10, 2019.