UPDATE (Philippines): A call for speedy resolution of a case filed against the military in the killing of Indigenous People (IPs) in Kiblawan, Davao del Sur 

Dear friends,

The Asian Human Rights Commission (AHRC) has receive updated information from the Task Force Detainees of the Philippines (TFDP) that charges and violations of Indigenous People’s (IPs) rights have already been filed against military forces, led by team leaders Lt. Robert Betita and Lt. Jose Erie from the 25th Infantry Battalion, Philippine Army (PA), for their alleged involvement in the killing of 3 people and the wounding of three others on 8 February 2005 in Kiblawan, Davao del Sur (not in Matanao as earlier reported).

It has also been revealed that the violations occurred within the area covered by an ancestral domain claim by the victims and other B’laan natives. Under Sections 22 of the Republic Act (RA 8371), known as Indigenous People’s Rights Act (IPRA), they have the ‘right to special protection and security’, which was violated that time. The said killing has serious implications on the conduct of military’s insurgency operations. Please see our previous appeals (FA-06-2005).

We urge your immediate intervention in this matter. Please write to the relevant authorities in the Philippines, in particular the Court, Office of the Ombudsman for Military, National Commission for the Indigenous People (NCIP) and the Commission on Human Rights (CHR), asking them to take immediate action and ensure a fair and speedy resolution on the complaint filed by the victims.

Also, please ask the National Commission of Indigenous Peoples (NCIP) to investigate alleged violations under the provisions of RA 8371, and ensure that the NCIP deal with this matter accordingly. They must prevent such incidents from happening and protect other natives whose ‘rights to safety and security’ have been compromised each time the military has conducted its operation.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Updated information:

Victim/s:
Killed: Francisco Bulane (32), Padilla Bulane (29), Prumencio Bulane (28)
Wounded: Richard Bulane (31), Rogelio Bulane (42) and his son Ricky Bulane (16), all are farmers belonging to the Indigenous Tribe B’laans and all are residents of Sitio Latil, barangay Colonsabac, Matanao, Davao del Sur.
Date of incident: February 8, 2005
Place of the incident: Barangay Abnate, Kiblawan, Davao del Sur (boundary between Kiblawan and Matanao) not in Sitio Latil, Barangay Colonsabac as earlier reported
Perpetrators: Led by team leaders Lt. Robert Betita and Lt. Josue Erie and another 50 troop members from the 25th Infantry Battalion (IB), Philippine Army, based in Sta. Cruz, Davao del Sur, Mindanao

Charges were filed against Lt. Robert Betita and Lt. Josue Erie and several other members under the 25th Infantry Battalion, Philippine Army, in relation to the killing of 3 people and the wounding of three others on 8 February 2005 in Barangay Abnate, Kiblawan, Davao del Sur, Mindanao. They were charged with murder and frustrated murder (a form of attempted murder) before the Office of the Provincial Prosecutor on 7 March 2005.

It was also found that the incident happened within the area claimed by the Indigenous People (IPs) belonging to B’laan Tribe as part of their ancestral domain. One of the victims, Richard Bulane, who is still recuperating in hospital, was the head claimant of the tribe’s 103 members. On 14, 2004January, Bulane filed an application for Ancestral Domain Title at the office of the National Commission of Indigenous Peoples (NCIP), in Matanao, Davao del Sur. Their claim covers about 5,000 hectares of land in Sitio Sagnit, barangay Abnate, Kiblawan, Davao del Sur.

Under Section 22 of RA 8371 or Indigenous People’s Rights Act (IPRA), it clearly states that in the event of armed conflict, indigenous peoples have the “right to special protection and security”. They are entitled to rights, protections and privileges as similar to any citizens provide for by law. The state should recognises the IP’s rights to self-governance, wherein the state or anybody is required to seek permission from them before conducting any activity that may cause disturbance, dislocation or destruction in ancestral domains.

On March 7, the survivors together with their families lodged a complaint before the Provincial Prosecution Office in Digos City for murder and frustrated murder. On March 9, a letter-complaint was also submitted to the office of the Commission on Human Rights (CHR XI) addressed to Regional Director Attorney Alberto Sipaco asking them for an investigation. To date, however, no actions had been taken.

On March 10, another letter-complaint was submitted to the Office of the Ombudsman for Military, the Secretary of National Defense, the Secretary Department of Justice and an appeal letter addressed to the NCIP commissioner and the Secretary of IPs special concern. On April 11, the accused filed a motion for extension in their submission of counter-affidavit to the court. They stated that they are still in the area conducting military operations.

SUGGESTED ACTION:

Please write to the Philippine government urging its relevant agencies handling the case for a fair and speedy resolution of the case;

 

 

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