October 31, 2008

THIRD UPDATE REPORT ON OUR EFFORTS TO SURFACE JAMES MOY BALAO

Dear Friends:

This is the 44th  today of the enforced disappearance of James Moy Balao. HE IS ALIVE! Our friends and sources within the State security organizations assert that he is alive and held in one of their detention facilities. We also strongly feel that he is alive. Our indigenous healers, shamans and seers say too that he is alive. Thus, time is of the essence for all of us to act and demand for the immediate release of James from State security forces that hold him in detention.

We know that one way or the other James shall come to know of our efforts for his immediate release from state security detention. This would help him not to lose hope and strength. Thus, we should not also lose hope and strength. Let us continue in our demands and efforts for his immediate and unconditional release.

We are glad that he is alive. However, it is disappointing to say the least, that the police accuse the family, clan and the Cordillera Peoples Alliance (CPA) as responsible for the disappearance of James and that we have not been cooperative in the investigation. The military, in the same manner, claims it “does not have any interest on Balao” in the absence of a thorough investigation on the incident.

The theory that the family, clan and the CPA are behind the disappearance of James is not only ridiculous but also mainly meant to distort the facts and circumstances surrounding his disappearance. It is with the end of diverting the issues that we have earlier raised on the circumstances surrounding the disappearance of James specifically the involvement and accountability of the police and the military on his surveillance and succeeding disappearance.

The police had not given explanation on how they have failed to prevent the enforced disappearance of James, when the incident happened practically in the front yard of the Regional Headquarters of the Philippine National Police (PNP). 

The military has also not given an explanation on the presence of a silver gray van bearing plate number USC 922 that we have seen parked inside the Intelligence Security Unit (ISU) compound in Navy Base, Baguio City. James has recorded the same plate number but attached to different types of vehicles as surveilling him. The CPA secretariat has also recorded the same plate number as seen within the vicinity of the office.

We have yet to hear from them a reasonable explanation on the accounts of witnesses on the incident and description of the perpetrators. Questions on the physical bearing and appearance of the men who violently arrested James as looking like police or military agents, and who also introduced themselves as police officers; on the use of hand cuffs that are not readily available in the market; and on the use of guns generally issued to state security forces.

The State security forces downplay the fact that we are also victims here.  There are no indications even an iota as to clan disputes warranting them as suspects. In fact, the very purpose of the clan associations of which James is an officer is to foster closer relations among clan members, and identify other members in different parts of the region and elsewhere. James has successfully documented and traced the genealogy of the clan and constructed its family tree from at least seven (7) generations.

It is not the policy and practice of the CPA to bring and cause harm to any of its members. The absence of James has caused tremendous suffering in the family and clan, and in the CPA. His absence has also disrupted the important tasks James has yet to finish.

MABTAD KAIGOROTAN!

It is in this context that the family and the CPA declared a “MABTAD KAIGOROTAN!” a call to all Igorots for collective action to respond to times of emergency. In this case, it is a call to search for James – an enforced disappeared son, brother, relative, friend and colleague to secure his safety and life. We also called on all Igorot soldiers and policemen to isakit ti kailyan (to defend, protect and empathize with  your fellow Igorots) and do what they can in response to the urgent call.

We formally declared such in the presence of the other founding members of the CPA, and with the guidance of our ancestors last October 17 – on the 30th day of James’ disappearance.

PETITION FOR THE WRIT OF AMPARO

These developments make the granting of the Writ of Amparo more urgent. The petitioners pray that the Court “(a) issue a Writ of Amparo ordering the respondents to disclose where James Balao is detained or confined, (b) to release James Balao considering his unlawful detention and (c) to cease and desist from further inflicting harm upon his person.”

The petition also prays for an inspection order “to permit the entry of authorized persons for the purpose of inspecting, measuring, surveying and photographing the property or any relevant object or operation thereon” of police and military facilities not limited to the Camps Aguinaldo and Crame in Quezon City, Fort Bonifacio in Taguig City, the 50th IBPA in San Juan, Ilocos Sur, MIG in Camp Allen, Baguio City, the ISU in Navy Base, Baguio City, including the Northern Luzon Command (NOLCOM) and the Headquarters of the 5th Infantry Division in Isabela province.

Thus, we call on everyone to raise similar concerns to the appropriate government agencies.

Last October 23, the Regional Trial Court 63 of Benguet proceeded to hear the Petition for a Writ of Amparo that the Balao family and the CPA filed in behalf of James Moy Balao. The Office of the Solicitor General (OSG) represented all the respondents.

In the hearing, it was disappointing and enraging to see the OSG, without looking into the merits of the Petition, move for the outright dismissal of the Writ on issues of technicalities. First, it raised the issue that the petitioners have not provided them with original copies of the attachments, even if the rules do not specifically require originals of said attachments. Petitioners held on the originals given that the respondents are high officials of the country. Nonetheless, the OSG could have freely requested to examine and compare the originals with the photocopies they have. It is disappointing that the OSG invoked the matter on the respondent being the “highest ranking official of the land” as basis of outright dismissal. As if there is a difference with respect to being human, human rights, law and life between a top ranking official with a civilian. 

Second, they raised the legal standing of the other petitioners. They insisted that only Arthur Balao, James’ father is the only person allowed to file the petition. Again, counsels for the petitioners debunked this argument as the rules only provide for an order of preference as to the filing and this does not exclude others allowed by the rules to be petitioners.

Third, the OSG questioned the completeness of the petition they had during the hearing as some of the pages of the petition are missing. However, funny as it seems, the OSG is representing all 13 respondents naturally, he had 13 sets of the petition – granting without admitting that one set was missing a certain page, the remaining copies were complete. 

We believe that the issues of technicalities would not affect in any way the validity and merits of the petition. Obviously, all in vain attempt to delay the proceedings and the granting of the Writ. The recent hearing was held on October 30. The process is slow and disappointing, but we will still pursue this while continuing our efforts, together with the Balao Family and clan, in other fronts. 

CONTINUING CALL FOR SUPPORT AND ACTION

On 14 October, the Balao Family, together with the University of the Philippines Baguio, Inter-Faith Gathering for Truth and Accountability, the Cordillera Human Rights Alliance (CHRA) and the Cordillera Peoples Alliance (CPA), held a public forum to Surface the Disappeared entitled “Hinahanap Ko Siyang Nawawala…” (Searching for the Disappeared…)
The forum had as main speakers Editha Burgos, the mother of Jonas Burgos, forcibly taken on April 28, 2008 at a restaurant at the Ever Gotesco Mall in Metro Manila in  and Arthur Balao, father of James. Editha shared her experiences and insights in the search for her son. Her sharing in the search for Jonas also showed the same treatment of denial, deception and hostility from police and military forces.

The forum had as main speakers Editha Burgos, the mother of Jonas, forcibly taken on April 28 at a restaurant in Ever Gotesco and Art Balao, father of James. Editha shared her experiences and insights in the search for her son. Her sharing in the search for Jonas also showed the same treatment of denial, deception and hostility from police and military forces.

At the end of the forum, the participants offered a thousand origami cranes (birds) for the immediate surfacing of James, Jonas, and other desaparecidos, and a stop to enforced disappearances. In Japan, legend has it that wishes come true upon the offering of a thousand cranes. We shall replicate the offering of cranes in different institutions as part of the campaign.

THE INTERNATIONAL SOLIDARITY MISSION

Nineteen international and national participants, representing twenty organizations, attended and convened The International Solidarity Mission to Surface James Balao on October 22 and 23, 2008. The ISM was sponsored by the Indigenous Peoples Rights Monitor, a national network of IP advocate organizations on the human rights of indigenous peoples in the Philippines. The participants of the International Solidarity Mission to Surface James Balao came together with the objective of investigating what the concerned people’s organizations, government institutions are doing to bring about the surfacing of James Balao and to produce an independent report assessing these actions and the case. 

The following is a summary of the Mission report the participants presented in a press conference on October 23.

The meetings with the PNP, AFP and CHR-Cordillera convinced the participants that the government institutions are not working together to resolve the Balao case. The PNP Task Force Balao did not demonstrate any independent action to pursue the investigation. Their report was nothing more than what the CPA, CHRA and Balao family have already gathered, including witnesses. The PNP also did not properly respond to participants' questions about the ability of the PNP to investigate the AFP, and instead declared that they could not blame outright the AFP. Gen. Eugene Martin of the PNP Cordillera stated that it was also possible that Balao’s abduction was over a personal grudge, debt or a land dispute within his clan. He however became defensive when the Mission asked of the possible connection of Balao's abduction to the extra judicial killings of activists in the Cordillera in recent years and if, as a result, the military could have been involved in the disappearance. The Regional Commissioner of the Commission on Human Rights (CHR) also stated these other possible motives. 

The participants of the International Solidarity Mission were disconcerted by the fact that these other “motives” were being considered on equal footing as an enforced disappearance as part of the prevailing systematic human rights violations committed by state forces.  In particular, the participants were suspicious of these other motives, since this could be easily disproven with more sincerity and seriousness in immediately addressing the merit of the case. 

The International Solidarity Mission sent an advance request to the MIG-AFP to talk to the group. However, the soldiers at the gate refused them entry and told that they received no such request. This made the delegates more suspicious of state involvement with the disappearance of James Balao. The participants became more suspicious when they later learned that the MIG-AFP even denied the CHR access to their office since September 17, 2008. There was a sense amongst the participants that neither the PNP nor the AFP responded adequately to group's concerns that these institutions have been unhelpful and even detrimental to the investigation into the abduction of James Balao. The apparent absence of accountability of the state security forces appeared to the delegation as symptomatic of a broader lack of governance in the Philippines. 

After speaking with the CPA and the Balao Family, the delegation is convinced that the state security forces operating under Oplan Bantay Laya abducted James Balao. They provided a history of Balao's work and his vocal opposition to the Philippine government's anti-people and anti-indigenous peoples policies. They explained within the context of the CPA work to protect indigenous peoples rights to their land and sovereignty. Beverly Longid, the Chairperson of the CPA, gave detailed descriptions of the long time state surveillance and harassment faced by the CPA and the six cases of extra judicial killings of indigenous peoples activists in the last four years. An email detailing personal surveillance that Balao sent to his family days before his abduction shows the same pattern of surveillance that was experienced by the victims of extra judicial killings directly before their deaths. The numerous indigenous participants from the international delegation expressed anger and sorrow that the Philippine government is continuing the pattern of historical global abuse against indigenous peoples rights activists. The group also expressed anger over the Philippine government's violent actions to hinder democratic opposition within the country.

The participants of the International Solidarity Mission were pleased to see the support given to the Campaign to Surface James Balao! by the Baguio City Council, the Benguet Provincial Board, the Governor of the Province of Benguet, the Municipal Council of La Trinidad, Governor of Mountain Province also as Regional Chair of the League of Governors and the Governor of Ifugao. They were also pleased to be able to meet personally with Governor Nestor Fongwan of Benguet and with councilors Pinky Rondez, Richard Cariño and Nicasio Aliping of the Baguio City Council to solicit their continued support. There was consent among the group that though numerous public figures and government officials seem sincere in their desire to help in the Balao case and in other cases of human rights abuses. However, these officials also feel that the lack of proper governance in the country tied their hands, which puts even them at risk of losing their jobs or their lives for speaking out against the government and the state security forces. 

SEARCH AT NATIONAL CAMPS

Continuing the search for James Balao, the Balao family with the Cordillera Peoples Alliance (CPA) and the Cordillera Human Rights Alliance (CHRA) traveled to the National Capital Region (NCR) to conduct a search in the military and police camps here on October 28 and 29. This, after receiving reliable information that James Moy Balao is still alive and is detained in a facility of state security forces.

Tignayan dagiti Agtutubo iti Kordilyera para iti Demokrasya ken Rang-ay (or TAKDER, the CPA Chapter in Manila), Karapatan, Hustisya, Kalipunan ng mga Katutubong Mamamayan sa Pilipinas (KAMP) and Desaparecidos assisted them in the search. The Commission on Human Rights (CHR) National Chairperson Leila de Lima met with the group; she just came from an international conference on national human rights institutions in Nairobi, Kenya.   In the meeting with her, Chair de Lima shared the conference concerns to the case of James Balao. 

De Lima reported that at the Nairobi conference, the heads of 72 national human rights institutions discussed the inability of many national government human rights institutions to perform surprise, unannounced inspections of police and military detention facilities. Chairperson De Lima told representatives of the above stated people's organizations and the Balao family that this inability is even more worrying in a country like the Philippines where cases of enforced disappearances are rampant. 

De Lima reassured the Balao family that she and her international counterparts had put forth a Nairobi Declaration on National Human Rights Institutions, which strongly reiterates that the mandate of these bodies allows them to visit and inspect camps and even safe houses and high-risk detention centers. She also informed the Balao family and the organizations who joined the search that she would be sending letters today to the AFP and PNP to remind them of the CHR's constitutional mandate and its right to perform these inspections.

The Chairperson assigned six members of her staff led by Atty. Alcantara to search PNP and AFP camps in the National Capital Region with the Balao family and the supporting peoples' organizations. She instructed her staff not to accept “nominal and cosmetic searches,” but to insist on fulfilling their mandate and searching the full campgrounds for James Moy Balao.

Yet despite the communication to the AFP and PNP by Chairperson de Lima, the CHR team, the Balao Family, Karapatan, Desaparecidos, Hustisya, CPA and CHRA got only as far as the receiving office of the ISAFP and the gates of the AFP Detention Center at Camp Aguinaldo. At the ISAFP receiving office, the officer-in-charge who identified himself as “Master Fox” refused to receive and recognize the CHR mission order. He referred the group to the AFP Custodial Center, where the Commanding Officer, Col. Bienvenido Casis denied the entry saying that there is no directive from the AFP Chief of Staff, Gen. Alexander Yano. The Balao family and human rights organizations experience the same treatment since day one. In Fort Bonifacio and Camp Crame, the CHR asserted their consitutional mandate that they do not need any court order or directive from the AFP Chief of Staff to enter and inspect military and police camps. The AFP and PNP are the ones not cooperating in the search for James and they have been preventing us from day one up to  present in our search. No other entity except the family and CPA, who are the most concerned and affected from James’ enforced disappearance, must be allowed and assisted in the search.  The outright denial and prohibition of the AFP and PNP for us to search their camps, detention centers, and safe houses already concludes they are hiding something. They have been hiding James after forcibly abducting him near Camp Dangwa. 

Nonetheless, we continue to demand for the release of James from the hands of state security forces. We urge the AFP and PNP to honor the CHR mission order and that we be given unimpeded access to the camps for us to conduct a thorough search. We also demand transparency of records and full cooperation of authorities in the camps we shall searched. 

We also thank and welcome the continued support of Chairperson de Lima in our search for James. Her assertion of the CHR’s constitutional mandate and commitment to the said Nairobi Declaration is commendable. We will dauntlessly pursue our mission to find James Balao.

With the abovementioned efforts is the continuing international support in various forms and the international campaign to surface James Balao is going well. We thank everyone for their support and each support counts for the life of James. However, we still need to do more in heightening our local and international efforts until James is returned to us alive and normal.

We know that one way or the other James shall come to know of our efforts for his immediate release from state security detention. This would help him not to lose hope and strength. Thus, we should not also lose hope and strength. Let us continue in our demands and efforts for his immediate and unconditional release. #

BEVERLY L. LONGID
Cordillera Peoples Alliance
Chairperson