PHILIPPINES: Soldiers allegedly spied on and vilified student activists in two Manila universities

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-264-2007
ISSUES: Freedom of assembly, Freedom of expression, Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern regarding the alleged spying on and harassment of student activists and campus journalists in two universities in Metro Manila by soldiers. The soldiers covertly took photographs and video recordings of them when they enter the campus to hold meetings on the pretext of counter insurgency. The students’ groups were also vilified as “terrorist fronts” and “enemies of the state” by the soldiers. The AHRC is concerned that this continuing practice by soldiers exposes students to unnecessary risks.

CASE DETAILS: (Based on the information from TANGGULAN Youth Network for Human Rights and Civil Liberties)

On 5 March 2007 soldiers attached to the Civil Military Operations (CMO) Battalion, Philippine Army, led by Captain Orbes, held a forum on the pretext of counter insurgency with students at the Philippine Normal University (PNU) in Taft Avenue, Manila. Captain Orbes is the CMO’s operations officer.

The day they held the forum, soldiers carrying M-16 Armalite rifles, wearing military uniforms, were seen walking around the campus and their presence has caused concern to some students. While the soldiers were patrolling with firearms they harassed and intimidated students. For instance, they took photographs and video recordings, particularly of student activists and campus journalists without properly informing them as to why they were doing so.

The students whose photographs and video recordings were taken were: Eleanor de Guzman, national chairperson for Anakbayan; Joanna Rose Adenit, chairperson for Gabriela Youth; Ralph Malacad, editor for the university’s official student English publication, the Torch Publications; Ali Tapar, chairperson for Student Christian Movement (SCMP) in PNU; Julie Ann Tapid, writer for the Torch; Joseph Ancajas, member of the university’s student government body, and Joyce Caubat, chairperson for Anakbayan in PNU chapter.

One of the speakers at the forum, 2nd Lieutenant Bryan Lim, openly accused several student organizations of being “Communist terrorist fronts” and singled out Anakbayan, SCMP, League of Filipino students (LFS), College Editors’ Guild of the Philippines (CEGP), National Union of Students of the Philippines (NUSP). Lim was the team leader of soldiers stationed at the village hall of Barangay (village) 591 in Sta. Mesa, Manila located close to the university.

Lim and other soldiers joining the forum discouraged the students from joining the said groups whom they accused of being “anti-family and anti-God”. The organizations the soldiers had vilified are national student organizations known to the academe sector with chapters widely spread all over the country. These groups are actively involved in advocating social issues and the welfare of students; for instance, tuition fee increases, extrajudicial killings, enforced disappearance, amongst others.

One week before the meeting, the university’s Office of Student Affairs and Services (OSASS) received a letter from Major Obera, CMO’s Battalion commander, supposedly justifying the soldier’s purpose of conducting the forum. Major Obera writes that it would serve as venue for “The awareness program regarding the infiltration of the Communist Party of the Philippines, the New Peoples Army and the National Democratic Front (CPP/NPA/NDF) in Metro Manila” in the academe.

Obera further writes that “nowadays, there are many of [our] youth being recruited by these front organizations supported by CPP/NPA/NDF. There is an aggressive recruitment here in Metro Manila especially in the student sector. The purpose of this program is to let the youth, especially the students, become aware and inform them of these issues particularly on CPP/NPA infiltration. Through this awareness program we can prevent them from joining any organizations supported by the communist terrorists“.

In another incident on February 20, soldiers were also caught covertly spying on the activities of students in other university campuses. When students at the Polytechnic University of the Philippines (PUP) in Sta. Mesa, Manila were holding peaceful protest at 2:00pm inside their campus, two persons were seen apparently taking photographs and video recording of those students giving speeches. Suspicious of what they were doing, they confronted them. Only then they came to know that the two, identified as Salve Romel Lao and Chardene Lalapus, are soldiers attached to the CMO battalion. They were not in military uniform when caught by students joining the protest action. They were taken to the university’s security office. There were complaints of harassment filed against them but there is no known progress on them.

In this incident, they allegedly spied on: Alain Mark Zamora, chairperson for LFS in PUP; Rogelio Data Jr., chairperson for Center for Nationalist Studies; Reynante Czar, chairperson for Anakbayan in PUP; Jean Claire Tanilong, chairperson for SCMP; and her vice chairperson, Carla Braceros. They were among those who had given speeches at the protest action.

In April, a complaint was filed against the soldiers involved before the office of the Commission on Human Rights (CHR) in Manila. They held a hearing once but there has not been any substantial progress since then. The soldiers involved were only reminded by the university administration, but there has not been any sanctions taken against them so far.

The soldier’s entry into the campus violates the existing memorandum of agreement between the university administration and the government’s security forces prohibiting them from entering the campus without the permission from the university. Freedom of assembly and expression should be guaranteed from any interference.

ADDITIONAL INFORMATION:

Since these incidents took place, the students mentioned already fear that the photographs and video recordings taken from them could be used by the soldiers to target them on pretext of counter-insurgency campaigns. It is public knowledge that security forces keep profiles and dossiers of activist, particularly leaders and active members. The groups where these students are attached have also already been listed as “enemies of the State” by the security forces.

On July 11, around 100 soldiers were redeployed in key urban poor communities. This includes the communities close to these universities. However, when the midterm election was held on May 14 they were pulled out over concerns their presence in urban areas would be exploited for electioneering or intervening in the process of elections, particularly on election campaigns by candidates and political parties.

The soldier’s deployment in urban areas, particularly attached to the Civil-Military Operations (CMO) Battalion of the Armed Forces of the Philippines (AFP), began in 27 November 2006 spread over 27 slum areas. The government justifies their deployment on pretext of “civic actions”; however, later the activities they were doing in these areas eventually contradicted to what they are supposed to do.

When soldiers were first deployed in November 2006, they were heavily armed and were seen on foot patrol around the urban communities visiting houses one after the other. Some residents express alarm by the soldier’s presence in their communities while other residents reported alleged harassment by soldiers. The soldier’s had also expanded their activities; now, in schools and universities.

SUGGESTED ACTION:
Please write letters to the authorities requesting them to conduct an inquiry into the continuing practice by soldiers allegedly vilifying student activists and journalist. They should be held accountable for their actions. Similar practices must also not be tolerated. The students and campus journalist must be allowed to exercise their academic freedom and assembly.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

PHILIPPINES: Soldiers allegedly spied on and vilified student activists in two Manila universities

Name of victims:
1. Eleanor de Guzman, national chairperson for Anakbayan (Youth of the Nation)
2. Joanna Rose Adenit, chairperson for Gabriela Youth in Philippine Normal University (PNU)
3. Ralph Malacad, Associate Editor in English, The Torch Publications (official PNU Student publication/newsletter)
4. Ali Tapar, chairperson for Student Christian Movement-PNU
5. Julie Ann Tapid, writer for the Torch
6. Joseph Ancajas, PNU Student Government member
7. Joyce Caubat, chairperson for Anakbayan-PNU
All of them are students at the Philippine Normal University (PNU) 
8. Alain Mark Zamora, chairperson for LFS-Polytechnic University of the Philippines
9. Rogelio Data Jr., chairperson for Center for Nationalist Studies-PUP
10. Reynante Czar, chairperson for Anakbayan in PUP
11. Jean Claire Tanilong, chairperson for SCMP in PUP
12. Carla Braceros, vice chairperson for SCMP in PUP
All of them are students at the Polytechnic University of the Philippines (PUP) 
Alleged perpetrators:
1. Colonel Ricardo Visaya, commanding officer, Civil Military Operations (CMO) Battalion, Philippine Army (PA), stationed at the Fort Bonifacio Headquarters.
2. Captain Orges, operations officer, CMO Battalion
3. 2nd Lieutenant. Brian Lim, team leader, CMO
4. Major Godfrey Obera, Company Commander, Bravo Company
5. Salve Romel Lao, member of the CMO Battalion assigned at Barangay (village) 592, Sta. Mesa
6. Chardene Lalapus, also a member CMO Battalion
Place of incidents: Inside the campuses of PNU in Taft Avenue and PUP in Sta. Mesa, all in Manila
Date of incidents: On February 20 and March 5, 2007

I am writing to raise my serious concern regarding the alleged harassment and spying of students whose names listed above. I have learned that on March 5, the soldiers attached to the Civil Military Operations (CMO) allegedly discretely took photographs and video recordings of the students from the PNU. The soldiers at the time were holding meetings on pretext of counter insurgency inside the university.

While holding meetings inside the campus, the soldiers who are carrying firearms and in military uniforms allegedly harassed and intimidated students. I am gravely concerned by the actions the soldiers have taken. I am also gravely concerned by the university’s tolerance towards the soldier’s action on the students. The manner by which these soldiers performed their duties inside the campus; for instance, allegedly vilifying students and the organization they are attached, is unacceptable and a cause of concern. It does not only expose students from unnecessary risks but also interference to their academic freedom.

In another incident, on February 20, students from the PUP also had their photographs taken discretely by two persons they discovered later as soldiers. They took photographs of the students while they are peacefully holding protest within their campus. I have learned that the soldiers have entered the university without prior permission from the administration, which is contrary to the agreement between the university and security forces that they should do so.

I have learned that a complaint have already been filed with the Commission on Human Rights (CHR) in April 2007 against the soldiers, namely Salve Romel Lao and Chardene Lalapus of the CMO, allegedly involved in spying on them, but there has not been substantial progress. They only conducted hearing on the complaint once. I am also not aware of any sanctions or punishments taken against the soldiers following the incident. No credible inquiry was also made to have the soldiers investigated and explained why they are spying on students.

I am deeply concerned of these actions taken by the soldiers and the failure by the university administration to protect these students and ensure that they could exercise their academic freedom without fear of persecution. By openly accusing these students and their organization as “terrorist’s fronts” or “enemies of the state”, it already exposes them to unnecessary risks to their lives. As you are aware, there have been several activists, including students, who have either been extrajudicially killed or forcibly disappeared soon after they are labeled as such. This is seriously undermining the protection of student’s rights to equal protection of law and presumption of innocence.

I therefore urge you to ensure that these cases are thoroughly investigated. The soldiers involved must be held accountable for their acts and similar practice must not be tolerated. I also urge you to consider providing necessary assistance to students, particularly for their protection and security. Please also urge the university administration to strictly implement the existing memorandum between them and the security forces, which prohibits their entry into university without their permission and interfere into students’ activities.

I trust that you will take action in this case.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614

5. Gen. Hermogenes Esperon
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Tel: +63 2 911 6001 to 50
Fax: +63 2 911 6436

6. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection 
of the right to freedom of opinion and expression
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : UA-264-2007
Countries : Philippines,
Issues : Freedom of assembly, Freedom of expression, Human rights defenders,