Four Makabayan bloc representatives were targets of trumped up charges and other forms of harassments by the Rodrigo Duterte government, a regional group of parliamentarians reported.
The ASEAN (Association of SouthEast Asian Nations)
Parliamentarians for Human Rights (APHR) said ACT Teachers Party Representatives
France Castro and Antonio Tinio, Anakpawis Representative Ariel Casilao and
Bayan Muna Representative suffered various forms of harassment under the
Duterte government, along with Senators Leila de Lima, Antonio Trillanes and
Risa Hontiveros and Ifugao Representative Teddy Baguilat.
“A key tactic of President Duterte’s administration to
silence criticism has been the use of trumped-up criminal charges against
lawmakers,” APHR said, adding the eight opposition lawmakers faced politically
motivated criminal charges since June 2016.
Rep. Castro charged
with ‘kidnapping’
APHR reported that Castro was detained last November 28 while
participating in a National Solidarity Mission (NSM) to provide school supplies
and food to indigenous Lumad communities in Mindanao.
Castro and 17 others, including former Bayan Muna
representative Satur Ocampo collectively known as the “Talaingod 18” were
initially charged with “kidnapping and failure to return a minor” under the
Expanded Anti-Trafficking in Persons Act.
The charges were later downgraded to “other acts of child
abuse” under Republic Act 7610 and all 18 people were released on bail on 1
December, but the investigation into the case is ongoing.
“The case appears politically motivated, as the delegation
escorted the minors from the village at the request of their parents, in order
to protect them from potential abuse by paramilitaries,” the APHR said.
“Given the paramilitaries’ history of abuse towards
indigenous communities in the region, which has often included attacks on
schools, it was reasonable to assume that their safety was at risk,” the group
added
Reps. Tinio and Casilao charged with ‘child abuse’
ACT’s Tinio and Anakpawis’
Casilao also suffered harassments, APHR said, after attending a rally in Davao
City last October 23 to protest the imposition of martial rule in Mindanao.
APHR said the peaceful rally was attended
by children and youth belonging to Lumad communities.
“On the day of the rally, Sara
Duterte, the President’s daughter and current mayor of Davao City, posted
pictures on social media of Antonio Tinio and Ariel Casilao attending the
demonstration.
“You take [minors] out of school
to put them in the streets to conduct your rallies. Again, you do not deserve
to be in Congress. When will the House of Representatives ever kick you out,”
the younger Duterte wrote.
On 4 December, Davao City police
charged Antonio Tinio and Ariel Casilao with “other acts of child abuse” under
Republic Act 7610, the Special
Protection of Children Against Abuse, Exploitation and Discrimination Act.
The APHR however said the charges
appear entirely baseless.
“There is no evidence of the
participants ‘influencing’ the youth to be ‘angry and resent the present
government’ as claimed in the subpoena filed by the Davao City Prosecutor’s
Office,” the APHR said.
The group added that even if
Tinio and Casilao indeed influenced the young rally-goers, the alleged act
would hardly constitute “other acts of neglect, abuse, cruelty or exploitation”,
as defined by RA 7610.
“The charges further violate the
right to freedom of peaceful assembly, which is guaranteed in the Philippine
Constitution to all citizens regardless of age,” the APHR said.
The parliamentarians reminded
that this right is also protected by international treaties to which the
Philippines is a state party, including the International Covenant on Civil and
Political Rights and the Convention of the Rights of the Child.
“[The treatises] explicitly
enshrines the right of children to take part in peaceful assemblies. The case
appears to be part of a wider effort to harass the Makabayan bloc and their
affiliated social organisations, the APHR said.
Rep. Zarate charged with organizing rally ‘without permit’
Zarate was slapped with charges
of violations to the Marcosian Public Assembly Act of 1985 on January 30, 2018
stemming from a rally he attended on November 13, 2017 against the visit of US
President Donald Trump to Manila during the 31st ASEAN Summit.
Zarate and others were charged
with conducting the rally “without permit.”
The rally was violently dispersed
by the police with water cannons and sonic alarms, injuring several protesters.
The police claimed some of its personnel were also injured when the protesters
tried to push through the barricade.
The charges were dismissed by the
Manila Prosecutors’ Office on 8 May 2018.
“The charges appear to have been
baseless and part of the wider effort to judicially harass members of the
Makabayan bloc,” the APHR said.
“The charges under Articles 148
and 158 of the Revised Penal Code were based on contradictory testimony of the
police officers, while Carlos Zarate denied involvement in any form of violence
during the demonstration,” the group added.
The APHR pointed out that, under international standards, freedom to assemble peacefully should generally not require seeking permission from authorities because this could be misused to suppress legitimate protests.
The four Makabayan parliamentarians are APHR members.
A common pattern
The APHR said that while the
charges against the four Makabayan parliamentarians as well as against de Lima,
Trillanes, Hontiveros and Baguilat have been filed under different laws –
including charges for “drug trafficking”, “kidnapping”, “child abuse” and
“inciting to sedition” – the cases all fit a common pattern.
“These lawmakers appear to have
been targeted for opposing the President’s policies, and in particular the
widespread extrajudicial killings under the guise of the ‘war on drugs,’” it
said.
“They have also often been
singled out because of their defence of human rights and their attempts to
protect their constituents from human rights violations, whether in the context
of the anti-drug campaign or other administration efforts, such as the push to
reinstate the death penalty,’ the APHR said.
The APHR is a group of South East
Asian lawmakers committed to promoting human rights, democracy and justice in
the region. # (Raymund B. Villanueva)