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‘Ang magiging biktima lamang lagi ay ang pinakabulnerableng grupo’

“Kitang-kita sa kasong ito kung paano ginagamit ng estado ang Terror Law sa paglabag sa karapatan ng mga katutubo, at kung papaano sila mabilisang pinaratangang terorista. Patunay ito na mapanganib ang Anti-Terror Law, sapagkat ang magiging biktima lamang lagi ay ang pinakabulnerableng grupo na mga katutubo, lalo na yaong mga lumalaban para sa lupaing ninuno at karapatan para sa sariling pagpapasya.”Rep. Eufemia Cullamat, Bayan Muna

Duterte’s new mining order disastrous to environment—groups

President Rodrigo Duterte lifted the nine-year moratorium on new mineral agreements, earning warnings from various groups of further corporate plunder of the environment and more natural disasters.

Bayan Muna Representative Eufemia Cullamat said she is dismayed with Duterte’s decision that would most likely result in the worsening of the environmental crisis in the country.

“Instead of putting a stop to environmental destruction that causes disasters, he is allowing further exploitation of our natural resources,” Cullamat said.

Cullamat, a Manobo Lumad persecuted for her community’s opposition to further mining activities in their ancestral domain, said mining projects have only brought untold suffering to various indigenous communities around the country.

“The country only earns two percent in royalty taxes in exchange for the tons of soil they extract, the poisoning of our waterways by mine tailings and the loss of livelihood and homes in mining sites,” she said.

In his Executive Order (EO) 130 issued Wednesday, April 14, Duterte amended former President Benigno Aquino’s EO 79, granting permission to the government to enter into new mineral agreements.

“The Government may enter into new mineral agreements, subject to compliance with the Philippine Mining Act of 1995 and other applicable laws, rules and regulations,” Duterte’s order said.

“The DENR (Department of Environment and Natural Resources) may continue to grant and issue Exploration Permits,” it added.

Duterte’s order said new mineral agreements will usher significant economic benefits to the country that can support various government projects, such as the Build Build Build and Balik Probinsiya, Bagong Pag-Asa Program by providing raw materials and new employment opportunities.

‘Unfettered corporate greed’

Environmental group Kalikasan People’s Network for the Environment (Kalikasan PNE) however agreed with Cullamat, adding Duterte’s order will only result in more environmental disasters.

“Mr. Duterte’s order to lift the mining agreement moratorium will be a disaster upon disaster because the Mining Act of 1995 is still in place. We cannot allow this deluge of destructive large-scale mining when communities are still suffering from the converging pandemic and climate crises,” Kalikasan PNE national coordinator Leon Dulce said.

The Mining Act encourages 100% ownership of mineral lands by foreign corporations that operate based on “unfettered corporate greed” and does not orient the mining industry to extract based on people’s needs, he added.

Kalikasan PNE said the law also has provisions that allow companies to renege on rehabilitation, polluter taxation and waste management obligations.

“Mining companies need only to pay P50.00 per ton of waste disposed of in unauthorized areas and only P0.05 for every ton of mine waste and P0.10 for mine tailings in terms of compensation for resulting damages,” the group explained.

“Let us recall that in the industry-wide audit made by the late Environment Secretary Regina Lopez, at least 68 percent of mining companies had been found with serious violations. This revelation already spells the potential disaster that the Executive Order will bring to the environment and communities,” Kalikasan added.

Beneficial to foreign corporations

Economic think-tank IBON said that Duterte’s new order will most likely benefit foreigners, not the local industry.

“Without domestic industries to process and use the minerals, [EO 130] will just mean that the most significant value-added from our finite mineral resources will keep going to foreign firms, industries and economies,” IBON executive director Sonny Africa said.

Africa said that at the expense of even more environmental damage and displacement of rural communities, real economic gains from Duterte’s decision are negligible.

“Even before the pandemic, mining and quarrying only employed around 190,000 in 2019. That’s not even half a percentage point of total employment and the 2-week NCR+ ECQ even displaced more jobs than that,” Africa said.

Similarly, the Php15.5 billion in taxes, mining fees and royalties paid to government in 2019 is negligible even with the additional excise tax under the TRAIN (Tax Reform for Acceleration and Inclusion, Republic Act No. 10963) law,” the economist explained.

“This EO No. 130 is just the latest sign that it really is just business as usual for the economic managers. The refusal to really reform economic policies combined with the pandemic will just mean that people will remain worse off than before the pandemic for many years to come,” Africa said. # (Raymund B. Villanueva)

Rep. Cullamat pays tribute to martyred daughter; condemns desecration of remains by gov’t soldiers

Bayan Muna Representative Eufemia Cullamat paid tribute to her fallen daughter she described as a martyr for the Lumad’s struggle for self determination and justice.

In a statement, the grieving mother also slammed the Philippine Army for desecrating the remains of 22-year old Jevilyn by taking photos of the New People’s Army medic like a war trophy.

“I love my child who loved the people. I am proud of her. She was a hero of the Lumad and all of the people,” Cullamat said in Filipino.

As a mother, Cullamat said she is heartbroken at the news that Jevelyn perished in a raid by government troopers in Marihatag, Surigao del Sur last Saturday, November 28.

“I strongly condemn the disrespectful acts on the remains of my daughter. She is not a trophy to be used in the military’s propaganda. You did not only disrespect the dead, you also offended my grieving family,” she said.

In subsequently deleted posts, the Philippine Army posted photos of its raiding team delightfully posing before the younger Cullamat’s remains, along with seized guns and paraphernalia.

Violation of the rules of war

International Association of Democratic Lawyers interim president and National Union of People’s Lawyers president Edre Olalia said the government soldiers violated international rules, domestic laws and bilateral agreements on the conduct of war.

In a legal opinion, Olalia cited Article 16 of the 1949 Geneva Convention prescribing protection of corpses against ill treatment.

Article 34 (1) of the 1977 Additional Protocol I on International Armed Conflicts also orders that remains of persons who have died from hostilities shall be respected, he said.

The human rights lawyer also cited Article 4 of the 1977 Additional Protocol II on Non-International Armed Conflicts that prohibits “outrages upon personal dignity, in particular humiliating and degrading treatment” of all persons who do not take a direct part or who have ceased to take part in hostilities, as was in Jevilyn’s case who already died when the Philippine Army’s trophy photographs were taken and distributed.

Offenses upon the personal dignity of fallen parties constitute a war crime in both international and non-international armed conflicts according to the 1998 Statute of the International Criminal Court, Olalia said as well.

The lawyer said government troops are mandated to observe international instruments on the conduct of was as Republic Act 9851 penalizes crimes against international humanitarian law, genocide and other crimes against humanity.

Olalia also reminded the government of Article 3 of the 1998 of its Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law with the National Democratic Front of the Philippines prohibiting “at any time and in any place” the desecration of the remains of those who have died in the course of the armed conflict and to prevent despoliation and mutilation and to dispose of them with respect.

“On top of these commands under international humanitarian law, at core is basic human decency, respect and civility that is at issue here,” Olalia said.
“There are universal laws that civilized people observe even if, because, or in spite of armed hostilities,” the human rights lawyer added.
Jevilyn Cullamat (supplied photo)

‘Victim of state terrorism’

Cullamat said Jevilyn’s decision to join the armed struggle stemmed from the abuses the Lumad suffer at the hands of the government’s armed forces as well as the indigenous peoples’ extreme poverty.

“She saw with her own two eyes how our leader Dionel Campos, Datu Bello Sinzo, and Alternative Learning Center for Agricultural and Livelihood Development, Inc executive director Emerito Samarca were massacred in Lianga, Surigao del Sur on September 1, 2015,” the elder Cullamat said.

She said Jevilyn was a kind child who they raised to become nationalistic, brave, principled and with a mind of her own.

“Every Lumad child is raised to become worthy and useful to the community,” Cullamat added.

The Makabayan Bloc member said that Jevilyn’s sacrifice of her life for the people and defense of their ancestral land is worthwhile, “whatever the vultures who surrounded my daughter’s remains say.”

“It is a great honor for me to have a child who became a warrior and martyr…I am undoubtedly proud of Jevilyn because she fought against an unjust system, for us Lumad,” she said.

“No mother would renounce a child who set aside her personal interests to offer her life for the people and for the defense of our ancestral land,” Cullamat added. # (Raymund B. Villanueva)

1st Manobo in Congress vows to defend Lumad schools, national minorities’ rights over ancestral lands

The member of the 18th Congress who probably has the least formal education took to the floor of the House of Representatives last Monday, July 29, visibly nervous but delivered the most powerful speech of the night nonetheless.

Neophyte representative Eufemia Cullamat of Bayan Muna delivered her first privileged speech, vowed to defend the Lumad schools that are under attack by government forces, and called for the respect of the indigenous peoples’ right to self-determination over their ancestral domains.

Cullamat apologized for what she feared may be mispronounced words, but she soon hit her stride and passionately delivered her seven-page speech.

“I admit I am one of the very few members in this hall who may have only finished elementary education and finds it difficult to understand English words or read them. I am living proof of the government’s failure to provide education for everyone because the nearest school from where I live is 20 kilometers away,” Cullamat said in Filipino.

A member of the Manobo tribe from the mountains of Barangay Diatogon in Lianga, Surigao del Sur, Ka Femia railed against the attacks on Lumad schools she helped build. She recalled how she witnessed the murder of her cousin Dionel Campos, her uncle Datu Jovillo Sinzo, and Alternative Learning Center for Agricultural and Livelihood Development’s (Alcadev’s) executive director Emerito Samarca on September 1, 2015.

“I was shaking, prone on the ground, while the soldiers and the paramilitary peppered us non-stop with bullets. I clearly saw how Dionel was ordered to lie on the ground by a paramilitary. I clearly saw how his brain splattered when he was shot,” Cullamat said.

“I embraced Dionel’s children as they wailed over their father’s lifeless and violated body.  I saw one of our elders, Datu Bello, bludgeoned several times that caused fractures on his legs and arms,” Cullamat added.

She also narrated how she saw Alcadev’s principal Samarca lying in one of the classrooms, his lifeless body bearing signs of torture. “His body was riddled with bullets, full of cigarette burns and his throat slashed,” she narrated.

Cullamat said the massacre was one incident that shows how the government regards the Lumad’s struggle to establish indigenous peoples’ schools.

“What pains me, Mr. Speaker, is that these horrible attacks are still being perpetrated in our schools, against our teachers, against our children. Not only do they destroy our schools, they file trumped-up charges against our teachers and supporters; they also imprison them,” she said.

“They disrespect, they burn the schools we sacrifice so much to put up,” she added, her voice breaking in pent-up rage.

Cullamat raises fist in tribute to those who sacrificed their lives for the national minority groups. (Screengrab from HOR live feed)

Cullamat said that for many decades, the national minority had been deprived of basic social services, including education. She said they have been victimized by their lack of education, as well as the difficulty in obtaining them on the flatlands.

But the massacre goes beyond the government’s false accusations that the Lumad schools are disguised New People’s Army (NPA) training and recruitment grounds, Ka Femia said.

“That massacre was clearly meant to intimidate us into allowing coal mining in our ancestral lands. As a paramilitary trooper once said, ‘it would not have happened if we allowed mining,'” she said. But the Lumad of Diatogon have long decided to defend their land from environmental plunder, a decision that has cost them many lives and the existence of their beloved schools.

Cullamat said 15 coal mining, as well as palm oil plantation companies, are salivating over 200,000 hectares inside Lumad-Manobo communities in the Andap Valley Complex in Surigao del Sur.

Still, Cullamat said, they will fight for their schools. She said they persevered in establishing them and succeeded through blood, sweat, and tears and with the help of the church and non-government organizations. The schools taught them to read, write, and count.

“Because of these schools, our children are being educated in ways that are respectful of our traditions, culture, and our need to improve our lives, especially through agriculture so that we may prosper while we protect our ancestral domains for future generations,” she explained.

Cullamat also cited that many graduates of their Lumad schools have gone on to earn college degrees and have gone back to their communities as teachers, agriculturists, health workers and organizers. They have also become trusted advisers to their tribal leaders.

She added that her children studied in the Lumad schools and taught her and other adults in their communities to read and understand Filipino. “My dear colleagues, I now stand before you, speaking in Filipino, because of these Lumad schools,” she said.

The success of the schools in educating the Lumad have made them targets of harassments and attacks, the neophyte legislator said. She cited the recent decision of the Department of Education to suspend the permits of 55 Salugpongan Ta’tanu Igkanugon Learning Center schools in Davao upon the prodding of national security adviser Hermogenes Esperon.

“Esperon accuses the Salugpungan schools of training Lumad children to become New People’s Army guerrillas and how to shoot or dismantle guns, as he accuses other schools run by the Clans (Center for Lumad Advocacy Networking and Services), Misfi (Mindanao Interfaith Services Foundation, Inc.), Trifpss (Tribal Filipino Program of Surigao del Sur), and Alcadev. All these are lies that are only meant to close down our schools and shut down our national minority organizations,” she cried, her voice rising in anger.

As an indigenous person member of Congress, Cullamat said she must report to Congress that the attacks against the national minority do not only happen in Mindanao. She said the Dumagats who oppose the mega-dam projects in Quezon and the Igorots who with the Chico River Irrigation Pump Project in the Cordilleras are also under attack.

“In spite of all these, the national minority would persevere in defense of our ancestral lands, the source of our life and livelihood,” she vowed.

“We will persevere in defending our schools for the education of our children. We will persevere in our quest for justice for the victims of human rights violations,” she added. # (Raymund B. Villanueva)