[asia-apec 1001] Appeal for children-victims of human rights violations

tpl at cheerful.com tpl at cheerful.com
Sun Jan 17 08:49:28 JST 1999


Forwarded by: BAYAN <bayan at iname.com>
From: Children's Rehabilitation Center <crc at pworld.net.ph
Date: Thu, 14 Jan 1999 18:48:53 +800

Dear Friends,

The year 1998 saw the election of President Joseph Ejercito Estrada who
during his campaign vowed to champion the cause of the masses. In his first
six months in office, he signed the Comprehensive Agreement on Human Rights
and International Humanitarian Law (CAHRIHL) with the revolutionary
National Democratic Front of the Philippines (NDFP). And he was very vocal
about his support to Malaysia's Anwar Ibrahim and protection of the
latter's rights.  But in the same six months, he has defended and stood for
the death penalty and has ignored human rights violations against children
which have increased considerably.

The Children's Rehabilitation Center has documented several outstanding
cases of such violations all over the country.  In Agusan del Sur, a
fifteen year old boy was killed along with his uncle, and several members
of his family were wounded when the military opened fire at their house
while they were having breakfast.  Jonalyn Baste, the six-year old daughter
of a PICOP (Paper Industries Corporation of the Philippines) striker was
jailed for two months and was released, reportedly for humanitarian
reasons. However, the charge of grave coercion against her has not been
dropped. In Tagkawayan, Quezon, a six-month pregnant woman was killed
together with seven others when the military conducted a raid on an alleged
New People's Army (NPA) camp. Again in Quezon, two children were wounded
when the military opened fire at a house where alleged NPAs were resting.
(See attached fact sheets.)

These cases are blatant violations of the United Nations Convention on the
Rights of  Children and the CAHRIHL.  They are but a few of the proofs that
the President has reneged on his campaign promises. Let us remind him that
the masses whom he promised to serve continue to suffer during his term of
office.  Let us stage people's actions and at the same time write an appeal
to the President and the other concerned government agencies on behalf of
the children.

Please write to:

His Excellency President Joseph Ejercito Estrada
The President of the Philippines
Malacanang Palace, Manila, Philippines
Fax:  (632) 731-1325

Sec. Serafin Cuevas
Department of Justice, Padre Faura St. 
Manila, Philippines
Fax: (632) 521-1614

Sec. Orlando Mercado
Department of National Defense
Camp Aguinaldo, EDSA
Quezon City, Philippines
Fax: (632) 911-1406

General Joselin Nazareno
Chief of Staff
Armed Forces of the Philippines
Camp Aguinaldo, EDSA
Quezon City, Philippines

Please provide copies of your appeal to:

Aurora Navarrete-Recina, Chairperson, Commission on Human Rights,
SAAC Building, UP Complex, Commonwealth Avenue
1100 Quezon City, Philippines
Fax: (+632) 921 0102

Children's Rehabilitation Center
90 J. Bugallon St., Project 4
Quezon City Philippines 
e-mail: crc at pworld.net.ph   
Fax: (632) 239 4589

and to the diplomatic representative of the Philippines accredited to
your country. 

Thank you very much and we hope for your positive response.

Yours truly,

(sgd)
Maria Esmeralda de la Paz
Deputy Director
Children's Rehabilitation Center

--------------------------------------


CRC's Appeal for children-victims of HRVs
Fact Sheer #1: Indiscriminate Firing
Date: Tue, 12 Jan 1999 16:19:24 +800

CASE  : Indiscriminate Firing

VICTIMS : Ponciana Dondriano, 12 yrs. old and Genito Francisco, 10 yrs.
old.   Sitio Mangga, Brgy. Binay, San Narciso, Quezon

DATE OF INCIDENT: October 15, 1998

PERPETRATORS : Combined forces of Alpha and Bravo Company of the 74th
Infantry Batallion Philippine Army headed by Lt. Jun Picot

MOTIVE  : allegedly an encounter with the SYP Cleo Command of the CCP/NPA/NDF


Report on the Incident :

On October 15, Thursday, Ponciana was sick and was being attended to by:
her sister Sunshine, 7 years old; her cousin Genito, 10 years old; and two
other cousins in their house in Sitio Mangga, Brgy. Binay, San Narciso,
Quezon.

At around 9:00 in the morning, eight alleged members of the SYP CLEO
Command of the CPP/NPA/NDF headed by a certain Ka Jonel arrived at the
house because they were supposed to hold a "pulong bayan" (community
meeting). Annalyn Madia, an alleged  member of the said group, went to a
neighboring house to wash her clothes when suddenly, the military belonging
to the Alpha and Bravo Company of the 74th Infantry Battalion of the
Philippine Army  headed by Lt. Jun Picot appeared. The soldiers arrested
her and asked her how many people were inside
the house. She told them that there were many civilians and three children.

At 12:00 noon, the military started strafing the house, instantly killing
Ka Jonel and hitting Ponciana and Genito.  Meanwhile Sunshine, who minutes
before the incident went out of the house to fetch water, immediately came
back when she heard the gunshots. She witnessed the whole incident.
Ponciana was hit on her right thigh with a bullet from an M16 rifle while
Genito was hit on his left knee with a 60 Caliber (Machine Gun) bullet,
shattering his knee cap. According to the two children, they fainted after
they were hit. They were unconscious
as they were transported to three different hospitals -- San Narciso
Hospital, Quezon Memorial Hospital and Southern Luzon Command (SOLCOM) in
Camp Nakar, Lucena City -- by a helicopter. Only Sunshine was fully
conscious all this time.

At 4:00 in the afternoon, Nida Dondriano (mother of Ponciana and Sunshine),
who was 7 months pregnant and working in Manila, arrived. In the early
morning of October 16, together with the mother of Genito, they went
directly to Camp Nakar to find out about the situation of the children.
Since then, Genito's mother has not been able to visit her son.

On October 24, due to tension and stress from these experiences, Nanay Nida
gave birth to her seventh child. According to her, her husband was not
aware that she already gave birth and until now has not been able to  visit
them.  Even their other relatives and friends have not been able to visit.
Only Sunshine, whom we observed to be very friendly  but would not speak,
assists her in the hospital.   

According to the TFD /KARAPATAN- Southern Tagalog, right after the
incident, the military immediately put up a detachment in the community.
This might have deterred the visits to the hospital.

At present, the four children and Nanay Nida are in the custody of the
military in the SOLCOM dispensary inside Camp Nakar purportedly to assist
in the victims' physical recovery.

From: CRC's Appeal for children-victims of HRVs
Fact Sheer #2:  Indiscriminate Firing
Date: Tue, 12 Jan 1999 16:19:24 +800

CASE : Indiscriminate Firing

VICTIMS :

	Felix Selenta, 54 years old
	Aling Selenta, 44 years old
	Gerry Selenta, 15 years old
	Mary Selenta, 8 years old
	Elmer Cortes, 24 years old
	Heny Manaypay, 3 months old

DATE OF INCIDENT  : November 8, 1998

PLACE OF INCIDENT :  Barangay Pangyan, Trento, Agusan del Sur

PEPETRATORS : Combined forces of 60th Infantry Batallion Philippine Army;
SCAA-SF; and  PIB (PICOP Infantry Battalion)

REPORT ON THE INCIDENT:

The Selenta family was getting ready to have breakfast in the morning of
November 8, 1998.  Eldest child, Gerry was in the kitchen, cooking rice
while Felix, Aling, Mary and the rest of the Selenta children were in the
porch having coffee with their cousin, Elmer.  Lisa, 13 years old, was in
the room overlooking the main road.  Suddenly at about 6 a.m., Lisa caught
sight of soldiers descending on their house.  Before she could warn the
other members of the family, the soldiers opened fire at the house for
several seconds.  "All
civilians, out of the house!", commanded one of the soldiers.  Lisa helped
her mother whose right foot was hit by a bullet while Felix, who was hit on
the calf and back, came out with Gerry who was hit in the stomach.
Following them were Mary, who was hit on the right hand, and the smaller
children.  Lisa, unhurt, wanted to go back for her cousin Elmer who was hit
in the mouth.  She distinctly recalled seeing Elmer still alive when the
family came out of the house.	

The soldiers then entered the house, ransacked the place and later came out
dragging with them Elmer's dead body. Lisa recognized one of the armed men
as a certain Quenada, a member of the PICOP Infantry Battalion while the
rest of the soldiers were not identified since their namecloths were
removed from their
uniforms. (It was reported that the 60th IB and the SCAA-SF have been
conducting operations against the New People's Army in the area after the
NPAs burned several heavy equipment owned by PICOP.)

The injured were brought to the hospital in Trento.  Aling's big toe and
adjacent toe had to be amputated. She required blood transfusion but her
body rejected the blood donated by a certain Ronnie Reyes from the
military.  Mary's little finger was also cut off. Shrapnels were removed
from Felix's back and leg while Gerry, whose intestines were badly damaged,
died after a couple of days since the family could not afford to buy
medicines and a much-needed blood
transfusion was not performed due to the unavailability of blood. 

Meanwhile, as the shots rang out in the Selenta household, the Manaypay
family panicked.  Eboy, 45 years old, and his wife who was carrying 3
month-old Heny ran out of the house. In her haste, Eboy's wife tripped and
fell on baby Heny.  

The family went to Bgy. Bunawan and later to San Ignacio to go as far away
from their house as possible.  Heny was not immediately brought to the
hospital because the family did not have money.  When Heny's fever
continued after four days, they finally brought him to the hospital but it
was too late.  After staying overnight, Baby Heny died of hematoma with
pulmonary complications as he was exposed to heavy rains while fleeing.
Eboy's wife is currrently suffering from various body aches and pains as
well as fainting spells.

Residents from Bgy. Pangyan reported that even before the military
proceeded to the Selenta's, they have already conducted house-to-house
search and have harassed several residents. One farmer was punched and
another one was hit with the butt of a gun. The military questioned the
residents if they had seen any NPA in their Barangay and became angry when
they were given negative reply.

A case was filed by the Selenta and Cortes family against the perpetrators.
 The barangay officials are currently assisting the families in their quest
for justice.  For their part, the military has not contributed a single
centavo for the hospitalization and funeral expense nor for the
indemnification of the victims.

From: CRC's Appeal for children-victims of HRVs
Fact Sheer #3:  Indiscriminate Firing
Date: Tue, 12 Jan 1999 16:19:24 +800

CASE: Indiscriminate Firing

VICTIMS:

	Willeto Boncalos
	Nida Boncalos, 31 years old
	Cristina, 2 years old

DATE OF INCIDENT: July 3, 1998

PLACE OF INCIDENT:  Barangay Oras, Tabaco, Albay

PERPETRATORS: 22nd Infantry Battalion, Philippine Army

REPORT ON THE INCIDENT:

At around 4:00 to 5:00 in the afternoon of July 3, 1998, members of the
22nd IB PA riddled the Boncalos home with bullets, killing Willeto and
seriously wounding both Nida and Cristina. A bullet passed through Nida's
knee hitting Cristina at the back of her knees as she was sitting on her
mother's lap.  The military suspected Willeto of being a member of the New
People's Army operating in the area.

Nida and Cristina were immediately rushed to the Regional Training and
Teaching Hospital (formerly Albay Provincial Hospital) where they were
confined for 8 days.  Crisitna's wound was more serious than Nida's and
thus required intensive medical treatment.

To compound the injustice done to the Boncalos family, the military filed a
case of illegal possession of firearms and subversive documents against the
dead Willeto.  However, the barangay officials and residents of Oras
vouched for Willeto's innocence forcing the military to withdraw the
trumped-up charges.  Nida, though, was forced to sign an affidavit of
desistance to file charges against the perpetrators of the human rights
violations.

From: CRC's Appeal for children-victims of HRVs
Fact Sheer #4:  Murder; Attempted Massacre
Date: Tue, 12 Jan 1999 16:19:24 +800

CASE : Murder; Attempted Massacre

VICTIMS :

Rodolfo Coliano, 40 years old
Leonila Coliano 
Rodolfo Coliano, Jr., 5 years old

DATE OF INCIDENT: November 14, 1998

PLACE OF INCIDENT:  Barangay Kagawasan, San Miguel, Bohol

PERPETRATOR:  unidentified

REPORT ON THE INCIDENT:

On November 14, 1998, at six in the evening, Rodolfo was coming home from
the field with wife Leonila and youngest son, Rodolfo Jr. who was riding a
carabao.  Upon reaching the junction in Barangay San Miguel, they were
fired upon by unidentified armed men.  Rodolfo was fatally hit while his
wife was injured in the ankle. Fortunately, Rodolfo Jr. was not hurt. A
barangay tanod who was also
a "habal-habal" (passenger motorcycle) driver passed by Leonila and her son
on the highway and brought them to the barangay officials. Leonila was
brought to the Gov. Gallares Memorial Hospital by the residents and
barangay officials while Rodolfo Jr guided the other officials to Rodolfo's
body.
 
This incident was preceded by another involving Rodolfo and a certain
Dionisio Pedros who was involved in criminal activities (robbery) in the
community together with a certain military asset named Santiago Boncales.
Last October 26, Rodolfo filed an affidavit stating that he was shot by
Pedros in the midnight of October 17 but the pistol failed to fire.
Rodolfo did not know Pedros' motive but he susupected that this was
politically motivated since the peasant organization HUMABOL-KMP (Hugpong
sa mga Mag-uumang Bol-anon, an
affiliate of the Kilusang Magbubukid ng Pilipinas -- KMP), of which Rodolfo
was a council member, is very active against the anti-social activities of
Pedros and his gang.  Rodolfo stated that Pedros and Boncales pledged to
stop the activities of HUMABOL in the community and that Rodolfo's days
were numbered.

With the death of Rodolfo and the hospitalizatin of Leonila, the Coliano
children are left to fend for themselves.

From: CRC's Appeal for children-victims of HRVs
Fact Sheer #5:  Arrest of Minor
Date: Tue, 12 Jan 1999 16:19:24 +800

CASE: Arrest of Minor

VICTIM: Jonalyn Baste, 6 years old

DATE OF INCIDENT: May 27, 1998

ARRESTING TEAM: 90 PNP Composite team headed by PNP Inspector Edgardo
Maduro of Bislig PNP and Officer Empredo Curada of Tagbina PNP

PLACE OF INCIDENT:  PICOP workers picketline, Surigao del Sur


REPORT ON THE INCIDENT:

Last May 27, Jonalyn Baste was with her mother Norma on an exposure visit
to the picketline  where Nilo, Norma's husband, together with hundreds of
workers of the Paper Industries, Corp. (PICOP) are staying during their
five-month strike.  Suddenly, a PICOP truck forced its way to the gate of
the company compound.  The alert workers tried to stop the truck by bodily
blocking the entrance.  The truck was followed by members of the PNP who
immediately dismantled the strikers' tents and  broke the picketline. The
striking workers and their families were forcibly hauled off in a truck and
was brought to the Bislig Municipal Jail.  About 43 persons including Norma
and Jonalyn were arrested without a warrant.

While inside the jail, the arrested individuals were made to sign an
attendance sheet purportedly to determine the number of people to be given
food ration.  Norma signed Jonalyn's name.  Later, the attendance sheet was
used to determine the names in the charge sheet. It was then that Jonalyn's
name appeared in an order of arrest for grave coercion filed in the 8th
Municipal Circuit Trial Court of Bislig and Lingig, Surigao del Sur on May 28.

Jonalyn and her younger brother (who was two years old) together with eight
other children stayed in jail for four months. According to a Fact Finding
Mission conducted by the labor program of the Catholic diocese of Tandag,
the children's health was already affected by their continuous stay in
jail.  This was because only the adults were provided food ration since the
children who were living with their parents inside the jail should not have
been there in the
first place.  As for Jonalyn, she was not given food ration because she was
supposedly not included in the charges.  The arrested workers' children
relied only on the help of concerned relatives and individuals who sent
food support.

Norma and Jonalyn were released only last October for humanitarian reasons
but the charges against them have not been dropped.  In fact, PICOP, in a
paid advertisement last October, denied the arrest and filing of charges
against Jonalyn.

To date, Jonalyn's case remains unresolved in the same way that the fate of
the striking workers remain uncertain.

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The Children's Rehabilitation Center (CRC) is a non-stock, non-profit,
non-government organization that provides psychosocial assistance to
children-victims/survivors of human rights violations. For more
information, please visit our website at: <http:/www.pworld.net.ph/user/crc>
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